COLUMBUS, Ohio — In a blow to grocers, Ohio’s Supreme Court here has ruled the state’s commercial activity tax (CAT) is constitutional and not an excise tax on food. The 6-1 decision overturned a district court finding in favor of supermarket operators under the Ohio Grocers Association, which had sued for an exemption from the CAT — a business tax enacted by the state in 2005. Because the CAT is calculated from gross receipts, the association contended it was a tax on food sales. The tax ...
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