Zalud Oldsmobile, Inc. v. Limbach

Zalud maintains that motor vehicles that are individually registered in the name of a dealer and operated on public streets by its employees are not defined as “personal property” under R.C. 5701.03, and that it need not include them in calculating its inventory’s average monthly value. The Tax Commissioner, to the contrary, contends that R.C. 4501.01(V) defines Zalud to be a “dealer” and not an “owner” of the automobile and that R.C. 5701.03 defines the vehicles as “personal property.” We agree with Zalud and reverse the BTA’s decision.

R.C. 5711.15 requires a merchant to estimate the value…