Legal Opinion

Wheeling Steel Corp. v. Porterfield

Ohio Supreme Court

Decided September 24, 1970No. 70-2PublishedCited by 56 opinions

1Opinion of the CourtDuncan, J.

The narrow question before us is whether the property in issue is excepted from sales and use taxation by virtue of former R. C. 5739.02(B) (18) and R. C. 5741.02(C)(2). We hold that the railroad rails, ties, and related items are excepted from sales and use taxation.

Appellant’s claimed exception, pursuant to former R. C. 5739.02(B) (18), actually is a case of first impression in this court. The cases cited by the parties (France Co. v. Evatt [1944], 143 Ohio St. 455; and Mead Corp. v. Glander [1950], 153 Ohio St. 539) were decided before former R. C. 5739(B) (18) was enacted. Compare G. C.…

2Cases cited3 opinions

  1. Columbus-Suburban Coach Lines, Inc. v. Public Utilities CommissionOhio Supreme Court · 1969
  2. Mead Corp. v. GlanderOhio Supreme Court · 1950
  3. France Co. v. EvattOhio Supreme Court · 1944

3Cited by56 opinions

  1. Hubbard v. Canton City School Bd. of Edn.Ohio Supreme Court · 2002
  2. Moore v. State Automobile Mutual InsuranceOhio Supreme Court · 2000
  3. Bernardini v. Board of EducationOhio Supreme Court · 1979
  4. LaCourse v. FleitzOhio Supreme Court · 1986
  5. TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & SurveyorsOhio Supreme Court · 2022

51 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API