XYOVEST, INC. v. LIMBACH

No. 91-146.

62 Ohio St.3d 469 (1992)

XYOVEST, INC., APPELLEE, v. LIMBACH, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided February 5, 1992.


Attorney(s) appearing for the Case

Frost & Jacobs, Dennis L. Barron and Larry H. McMillin, for appellee.

Lee I. Fisher, Attorney General, and James C. Sauer, for appellant.


Per Curiam.

The Tax Commissioner argues that the additional payments (reimbursements or pass-through payments of personal property tax) are like any other expense of doing business. It was, she argues, the obligation of Xyovest as owner of the equipment to pay personal property taxes due and the fact that Xyovest contractually shifted this responsibility to its lessees does not change that fact. Under Xyovest's master lease, it is argued, a lessee undertook...

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