McMAHON v. LIMBACH

No. 91-2199.

65 Ohio St.3d 310 (1992)

McMAHON, APPELLANT, v. LIMBACH, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 14, 1992.


Attorney(s) appearing for the Case

John P. McMahon, for appellant.

Lee I. Fisher, Attorney General, and Barton A. Hubbard, Assistant Attorney General, for appellee.


Per Curiam.

Appellant contends that the Franklin County Clerk of Courts, in issuing the certificate of title, should not have collected the tax under R.C. 4505.06(D). This statute provides:

"In the following cases, the clerk shall accept for filing such application and shall issue a certificate of title without requiring payment or evidence of payment of tax:

"* * *

"(5) When the motor vehicle was purchased outside this state for use...

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