Legal Opinion

Winslow-Spacarb, Inc. v. Evatt

Ohio Supreme Court

Decided February 21, 1945No. 30144PublishedCited by 25 opinions

1Opinion of the CourtZimmerman, J.

Is the decision of the Board of Tax Appeals unreasonable or unlawful in determining that appellant’s sales are taxable or that appellant is subject to a tax within the purview of the Ohio Sales Tax Act? . .

It is plain that appellant’s devices delivered but a single drink for the price of five cents. Appellant contends: “Every sale was a separate nontaxable sale, complete in itself as to purchase, payment and delivery;” hence, no valid assessment could be made un der the sales tax law because appellant made no taxable sales.

Section 5546-2, General Code, a part of the Sales Tax Act, provides…

2Cases cited1 opinion

  1. Seiller v. Dunn, Court of Common Pleas of Ohio, Franklin County, Civil Division1937

3Cited by25 opinions

  1. Desenco, Inc. v. City of AkronOhio Supreme Court · 1999
  2. Piedmont Canteen Service, Inc. v. JohnsonSupreme Court of North Carolina · 1962
  3. White v. StateWashington Supreme Court · 1957
  4. Hughes v. Ohio Bureau of Motor VehiclesOhio Supreme Court · 1997
  5. Schneider v. LaffoonOhio Supreme Court · 1965

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