Legal Opinion

DIRECTV, Inc. v. Levin

Ohio Supreme Court

Decided December 27, 2010No. 2009-0627Published

1DissentBrown, C.J.

{¶ 42} Cable companies and satellite companies sell the same thing: pay-television service. But in Ohio they are not taxed the same. Satellite companies must collect the 5 1/2 percent sales tax; cable companies do not.

{¶ 43} Why the difference? When the tax bill was introduced, it imposed an equal tax regardless of seller. Cable-television lobbyists stepped in and drew the legislature’s attention to certain economic realities: the cable industry directly employs exponentially more Ohioans (6,000) than the satellite industries (a “nominal” number) and pays exponentially more taxes (over $100…

Also in this document: Concurrence.

2Cases cited25 opinions

  1. Directv, Inc. And Echostar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department of Revenue for the State of KentuckyCourt of Appeals for the Sixth Circuit · 2007
  2. Maryland v. LouisianaSupreme Court of the United States · 1981
  3. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  4. Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
  5. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994

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