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EPIC AVIATION, L.L.C. v. TESTA

No. 2014-1691.

149 Ohio St.3d 203 (2016)

2016-Ohio-3392

EPIC AVIATION, L.L.C., APPELLANT, v. TESTA, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided June 15, 2016.

Attorney(s) appearing for the Case

Baker & Hostetler, L.L.P., Edward J. Bernert , Elizabeth A. McNellie , and Trischa Snyder Chapman , for appellant.

Michael DeWine , Attorney General, and Daniel G. Kim and Daniel W. Fausey , Assistant Attorneys General, for appellee.

O'DONNELL, J., dissents and would affirm the decision of the Board of Tax Appeals.

{¶ 1} In this case, the tax commissioner, appellee, denied a claim for a refund of sales tax brought by appellant, Epic Aviation, L.L.C. ("Epic"), a vendor of jet fuel, on behalf of its consumer, AirNet Systems, Inc. ("AirNet"), and the Board of Tax Appeals ("BTA") affirmed...

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