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RUSSO v. DONAHUE

No. 40347.

10 Ohio St. 2d 201 (1967)

RUSSO ET AL., D. B. A. PAR-OAK CONFECTIONERY, APPELLEES, v. DONAHUE, TAX COMMR., APPELLANT.

Supreme Court of Ohio.

Decided May 24, 1967.

Attorney(s) appearing for the Case

Mr. Joseph D. Karam, for appellees.

Mr. William B. Saxbe, attorney general, and Mr. Edgar L. Lindley, for appellant.

BROWN, J.

If we examine the Sales Tax Act as originally drawn, and note the amendments which the General Assembly adopted in reaction to judicial construction, we are assisted in understanding the limited usefulness of Section 5739.10, Revised Code, as it now stands. We may then judge the reasonableness and lawfulness of the position taken by the commissioner upon the original assessment and by the Board of Tax Appeals...

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