SILVER OIL CO. v. LIMBACH

No. 88-262.

44 Ohio St. 3d 120 (1989)

SILVER OIL COMPANY, INC., APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 26, 1989.


Attorney(s) appearing for the Case

Dennis M. Carson and Marriann Yevin, for appellant.

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


Per Curiam.

Under R.C. 5739.01(E)(2), transactions in which the purpose of the consumer is to "* * * use or consume the thing transferred * * * directly in making retail sales * * *" are excepted from the definition of "retail sale" and, thus, from the sales tax.

During the audit period, "making retail sales" was defined in R.C. 5739.01(P) (now [O]) as:

"* * * [T]he effecting of transactions wherein one party is obligated to pay the price and...

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