BUSH & COOK LEASING, INC. v. TRACY

No. 96-1454.

79 Ohio St.3d 87 (1997)

BUSH & COOK LEASING, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided June 25, 1997.


Attorney(s) appearing for the Case

Coolidge, Wall, Womsley & Lombard Co., L.P.A., Sam Warwar and Lance A. Gildner, for appellant.

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


Per Curiam.

Bush & Cook contends that the book treatment of an item is not controlling in characterizing the property as an intangible versus a tangible asset. It also contends that the BTA incorrectly adopted the true-object test or incorrectly applied it. Bush & Cook claims that the substance of the leases was to lease tangible personal property and not to sell vehicles to lessees. The commissioner, to the contrary, maintains that the manner in which...

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