NDM ACQUISITION CORP. v. TRACY

No. 95-1804.

76 Ohio St.3d 83 (1996)

NDM ACQUISITION CORP., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 24, 1996.


Attorney(s) appearing for the Case

Baker & Hostetler, Edward J. Bernert and George H. Boerger, for appellant.

Betty D. Montgomery, Attorney General, and James C. Sauer, Assistant Attorney General, for appellee.


Per Curiam.

The primary issue raised by NDM is whether the price of the free samples, against which the use tax is assessed, includes only the cost of the materials or whether it also includes internal labor and overhead costs. R.C. 5741.01(G)(1) defines "price" as:

"`Price' * * * means the aggregate value in money of anything paid * * * by a consumer to a seller in the complete performance of the transaction * * * by which tangible personal property...

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