Cleveland Electric Illuminating Co. v. Lindley

R. C. 5741.02(A) imposes an excise tax on the storage, use, or other consumption in this state of tangible personal property. CEI contends that its use of the leased gondola cars is exempt from use taxation pursuant to R. C. 5741.02, which states:

“(C) The [excise] tax does not apply to the storage, use, or consumption in this state of the following described tangible personal property,

a * * *

“(2) Tangible personal property, the acquisition of which, if made in Ohio, would be a sale not subject to the tax imposed by sections 5739.01 to 5739.31 of the Revised Code.”

Transactions which are exempt…