NATIONAL CHURCH RESIDENCES v. LINDLEY

No. 84-1113.

18 Ohio St. 3d 53 (1985)

NATIONAL CHURCH RESIDENCES OF CHILLICOTHE, OHIO ET AL., APPELLANTS, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided June 26, 1985.


Attorney(s) appearing for the Case

Lucas, Prendergast, Albright, Gibson & Newman and Rankin M. Gibson Co., L.P.A., for appellants.

Anthony J. Celebrezze, Jr., attorney general, and Mark A. Engel, for appellee.


Per Curiam.

The question presented for review is whether the sale of building materials and supplies to appellants for incorporation into their respective apartment facilities qualifies for the tax exemption provided under R.C. 5739.02(B)(12).

R.C. 5739.02, which levies a tax on all retail sales in this state, provides in relevant part:

"(B) The tax does not apply to the following:

"* ...

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