FORD MOTOR CO. v. LIMBACH

No. 86-855.

32 Ohio St. 3d 136 (1987)

FORD MOTOR COMPANY, APPELLEE, v. LIMBACH, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided August 19, 1987.


Attorney(s) appearing for the Case

Taft, Stettinius & Hollister and Stephen M. Nechemias, for appellee.

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


Per Curiam.

The issue presented in the case sub judice concerns the tax status of a conveyor system which transports a scrap metal by-product of appellee's stamping operation to a baling facility which, in turn, prepares the scrap material for sale to industrial customers. The BTA rationalized the exemption of this equipment under R.C. 5739.01(E)(2) as follows:

"In the present situation, Ford Motor's excess metal is in the form of chips which...

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