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FEDERATED DEPT. STORES, INC. v. LINDLEY

No. 82-1549.

5 Ohio St. 3d 213 (1983)

FEDERATED DEPARTMENT STORES, INC., RIKE-KUMLER DIVISION, APPELLEE AND CROSS-APPELLANT, v. LINDLEY, TAX COMMR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided June 29, 1983.

Attorney(s) appearing for the Case

Mr. Stanley J. Bowers, Ms. Judith Nicely, Smith & Schnacke Co., L.P.A., and Ms. Maryann B. Gall, for appellee and cross-appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. Mark A. Engel, for appellant and cross-appellee.

Per Curiam.

The primary focus throughout this appeal has been on whether the tax assessment predicated on "Account 215" was valid. For the following reasons, this court holds that the board's decision, that the assessment based on this account was invalid, was neither unlawful nor unreasonable.

Rike's has argued that Account 215 was only an estimate of sales tax liability and thus could not be used as...

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