CUSTOM LEASING CO. OF OHIO v. LIMBACH

No. 90-1649.

62 Ohio St.3d 7 (1991)

CUSTOM LEASING COMPANY OF OHIO, APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided September 25, 1991.


Attorney(s) appearing for the Case

Cooper, Straub, Walinski & Cramer, Stephen M. Dane and John N. Scott, for appellant.

Lee I. Fisher, Attorney General, James C. Sauer and Janyce C. Katz, for appellee.


Per Curiam.

Are the transactions covered by the leases involved here conditional sales, as alleged by Custom Leasing, or are they leases, as determined by the Tax Commissioner and as found by the BTA? For the reasons which follow, we conclude that the transactions are leases, and that Custom Leasing is the "owner" of the leased equipment for personal property tax return purposes.

R.C. 5711.05 provides in...

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