CENT. TRANSPORT, INC. v. TRACY

No. 94-1449.

72 Ohio St.3d 296 (1995)

CENTRAL TRANSPORT, INC. ET AL., APPELLANTS, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided June 14, 1995.


Attorney(s) appearing for the Case

Rendigs, Fry, Kiely & Dennis, D. Michael Poast and B. Scott Boster, for appellants.

Betty D. Montgomery, Attorney General, and Richard C. Farrin, Assistant Attorney General, for appellee.


Per Curiam.

Appellants contend they are not subject to sales and use tax assessments, but are entitled to exemption under the Commerce Clause of the United States Constitution, and R.C. 5739.02(B)(10) and 5741.02(C)(3). Appellants claim that the activities in question have no substantial nexus with the state of Ohio, since the taxed items are not stored or even opened in Ohio, but are placed almost immediately on an outgoing truck headed out of state. Thus...

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