INTERNATL. SALT CO. v. TRACY

No. 94-2572.

74 Ohio St.3d 550 (1996)

INTERNATIONAL SALT COMPANY, N.K.A. AKZO SALT, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided February 21, 1996.


Attorney(s) appearing for the Case

Fred Siegel Co., L.P.A., and Annrita S. Johnson, for appellant.

Betty D. Montgomery, Attorney General, and Thelma Thomas Price, Assistant Attorney General, for appellee.


Per Curiam.

While the tax at issue is a use tax, R.C. 5741.02(C)(2) exempts from the use tax acquisitions "which if made in Ohio would be a sale not subject to the tax imposed by sections 5739.01 to 5739.31 of the Revised Code." We will discuss only the applicability of the sales tax exemptions. International Salt contends the waste conveyor system and the Wagner trucks should be exempted under R.C. 5739.01(E)(2) as used directly in mining or, in the alternative...

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