MAXXIM MED., INC. v. TRACY

No. 98-2252.

87 Ohio St.3d 337 (1999)

MAXXIM MEDICAL, INC., APPELLANT, v. TRACY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided December 29, 1999.


Attorney(s) appearing for the Case

Buckingham, Doolittle & Burroughs, L.L.P., Steven A. Dimengo and William G. Nolan, for appellant.

Betty D. Montgomery, Attorney General, and Robert C. Maier, Assistant Attorney General, for appellee.


Per Curiam.

Maxxim contends that R.C. 5739.03(B) relieves it from establishing each customer's use and therefore all its sales of TENS and NMES units were exempt. We disagree.

R.C. 5739.02 provides that an "excise tax is hereby levied on each retail sale made in this state," and for the proper administration of R.C. Chapter 5739 "to prevent the evasion of the tax, it is presumed that all sales made in this state are subject to the tax until...

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