AM. CYANAMID CO. v. TRACY

No. 94-1869.

74 Ohio St.3d 468 (1996)

AMERICAN CYANAMID COMPANY, APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 7, 1996.


Attorney(s) appearing for the Case

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

Betty D. Montgomery, Attorney General, and Janyce C. Katz, Assistant Attorney General, for appellee.


Per Curiam.

R.C. 5741.02(A) levies an excise tax (use tax) upon the "storage, use, or other consumption in this state of tangible personal property * * *." "Use" is defined by R.C. 5741.01(C) to mean "the exercise of any right or power incidental to the ownership of the thing used."

In Woman's Internatl. Bowling Congress, Inc. v. Porterfield (1971), 25 Ohio St.2d 271, 54 O.O.2d 383, 267 N.E.2d 781,...

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