GRANDVIEW RACEWAY/NORTHFIELD PARK ASSOC. v. LIMBACH

No. 88-867.

47 Ohio St. 3d 57 (1989)

GRANDVIEW RACEWAY/NORTHFIELD PARK ASSOCIATES ET AL., APPELLANTS, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 6, 1989.


Attorney(s) appearing for the Case

Dinn, Hochman, King & Melamed, Irwin J. Dinn and Charles Gruenspan, for appellants.

Anthony J. Celebrezze, Jr., attorney general, and Richard C. Farrin, for appellee.


Per Curiam.

Under R.C. 3769.08, a race track permit holder may conduct wagering, including wagering on simulcasted races. R.C. 3769.08(C) levies the relevant tax on wagering:

"At the close of each racing day each permit holder authorized to conduct harness * * * racing, out of the amount retained that day by the permit holder, shall pay by check, draft, or money order, to the tax commissioner, as a tax, one-half of one percent of all monies wagered...

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