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THE WAY INTERNATIONAL v. LIMBACH

No. 89-244.

50 Ohio St. 3d 76 (1990)

THE WAY INTERNATIONAL, APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided April 11, 1990.

Attorney(s) appearing for the Case

Baker & Hostetler, Edward J. Bernert, George H. Boerger, Christopher Swift, Kaufman & Cumberland and James A. Scott, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and David G. Lambert, for appellee.

Per Curiam.

During the audit period, R.C. 5739.02(B)(12)3 provided:

"The [sales] tax does not apply to the following:

"* * *

"(12) Sales of tangible personal property to churches and to organizations not for profit operated exclusively for charitable purposes in this state, no part of the net income of which inures to the benefit of any private shareholder or...

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