MIB, INC. v. TRACY

No. 97-1283.

83 Ohio St.3d 154 (1998)

MIB, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided September 23, 1998.


Attorney(s) appearing for the Case

Bricker & Eckler, LLP, Charles F. Glander, Mark A. Engel and Mary W. Leslie, for appellant.

Betty D. Montgomery, Attorney General, and Barton A. Hubbard, Assistant Attorney General, for appellee.


Per Curiam.

Appellant first contends that the members' requests for information are not taxable under former R.C. 5739.01(B)(3)(e) because the members do not have direct access to the computer where the information is stored. The essence of MIB's contention is that because the members do not have direct control of the main computer where information is stored, the members do not receive access to its computer equipment. We disagree.

Although...

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