OSBORNE BROS. WELDING SUPPLY, INC. v. LIMBACH

No. 87-2022.

40 Ohio St. 3d 175 (1988)

OSBORNE BROTHERS WELDING SUPPLY, INC., APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Dworken & Bernstein Co., L.P.A., Patrick J. Perotti and Melvyn E. Resnick, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Barton A. Hubbard, for appellee.


DOUGLAS, J.

The question raised by this case is whether the charges at issue, levied by a supplier of industrial gas against customers who retain, beyond the free period, possession of a cylinder in which gas is stored, are subject, pursuant to R.C. 5739.02, to Ohio sales tax. For the following reasons, the question is answered in the affirmative.

Appellant makes three arguments why the application of the sales tax is inappropriate. First, appellant contends...

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