LAKEFRONT LINES, INC. v. TRACY

No. 95-1216.

75 Ohio St.3d 627 (1996)

LAKEFRONT LINES, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided June 26, 1996.


Attorney(s) appearing for the Case

Leonard A. Carlson, for appellant.

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


Per Curiam.

We hold that Lakefront specified all the errors it claims, but we rule that motor fuel used for air conditioning and idle time is used for the propulsion of or driving motor vehicles upon public highways. Thus, we hold that R.C. 5735.14 does not exempt the fuel consumed for these uses from the motor fuel tax.

First, as to raising the issue of idling consumption, Lakefront supported some of its applications for refund with calculations that...

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