KEMPF SURGICAL APPLIANCES, INC. v. TRACY

No. 95-460.

74 Ohio St.3d 517 (1996)

KEMPF SURGICAL APPLIANCES, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 14, 1996.


Attorney(s) appearing for the Case

Lutz, Boster & Cornetet and John B. Cornetet, for appellant.

Betty D. Montgomery, Attorney General, and Steven L. Zisser, Assistant Attorney General, for appellee.


Per Curiam.

Kempf applies for exemption from the sales tax under R.C. 5739.02(B)(19), which provides:

"The tax does not apply to the following:

"* * *

"(19) Sales of * * * braces or other devices for supporting weakened or non-functioning parts of the human body * * * [and] crutches or other devices to aid human perambulation * * *."

Kempf argues that these devices technologically replace braces and are exempt under R.C. 5739...

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