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Lindner Bros. v. Kosydar

Supreme Court of Ohio
May 5, 1976
46 Ohio St. 2d 162 (Ohio 1976)

Opinion

Nos. 75-1043 and 75-1044

Decided May 5, 1976.

Taxation — Sales and use taxes — Furnishing of integrated data processing services and programming — Transactions subject to tax, when.

APPEALS from the Board of Tax Appeals.

Messrs. Keating, Muething Klekamp, Mr. Joseph P. Rouse and Mr. W. Bruce Lunsford, for appellants.

Mr. William J. Brown, attorney general, and Mr. John C. Duffy, Jr., for appellee.


These cases are appeals from decisions of the Board of Tax Appeals affirming a sales and use tax assessment levied against Lindner Brothers, Inc., D.B.A. United Dairy Farmers, and a sales tax assessment levied against American Financial Leasing Services Co.

A thorough review of the records herein reveals that the activities involved here (primarily integrated data processing services and programming) are substantially identical to the activities considered by this court in Citizens Financial Corp. v. Kosydar (1975), 43 Ohio St.2d 148, 331 N.E.2d 435.

As such, the decisions of the Board of Tax Appeals in these cases are affirmed. Citizens Financial Corp. v. Kosydar, supra; Federated Department Stores v. Kosydar (1976), 45 Ohio St.2d 1, 340 N.E.2d 840; Accountant's Computer Services v. Kosydar (1973), 35 Ohio St.2d 120, 298 N.E.2d 519.

Decisions affirmed.

O'NEILL, C.J., HERBERT, CORRIGAN, STERN and CELEBREZZE, JJ., concur.

WILLIAM B. BROWN, J., dissents for the reasons stated by Justice PAUL W. BROWN, in his dissenting opinion in Citizens Financial Corp. v. Kosydar (1975), 43 Ohio St.2d 148 at 151.

PAUL W. BROWN, J., dissents for the reasons stated in his dissenting opinions in United States Shoe Corp. v. Kosydar (1975), 41 Ohio St.2d 68 at 77, and Citizens Financial Corp. v. Kosydar (1975), 43 Ohio St.2d 148 at 151.


Summaries of

Lindner Bros. v. Kosydar

Supreme Court of Ohio
May 5, 1976
46 Ohio St. 2d 162 (Ohio 1976)
Case details for

Lindner Bros. v. Kosydar

Case Details

Full title:LINDNER BROTHERS, INC., D.B.A. UNITED DAIRY FARMERS, APPELLANT, v…

Court:Supreme Court of Ohio

Date published: May 5, 1976

Citations

46 Ohio St. 2d 162 (Ohio 1976)
346 N.E.2d 690

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