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YOUNGSTOWN SHEET & TUBE CO. v. LINDLEY

No. 86-315.

38 Ohio St. 3d 232 (1988)

YOUNGSTOWN SHEET & TUBE COMPANY, APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Roger F. Day and John L. Kraus, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and James C. Sauer, for appellee.

Per Curiam.

Youngstown argues that the coke ovens are fuel-making equipment that is exempt under the Tax Commissioner's Rule TX-15-08(9) (now Ohio Adm. Code 5703-9-21[J]) and R.C. 5739.16(B). Youngstown admits that the rule improperly interpreted the statute then in effect, but argues that R.C. 5739.16(B) requires that the rule be given the effect of statutory law to exempt the equipment.

R.C. 5739.16(B), during the audit period, provided:

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