Ohio Supreme Court Mulls Tax Ruling

ELLIOT ZWIEBACH

COLUMBUS, Ohio — The Supreme Court here heard oral arguments last week in the Ohio Grocers Association effort challenging the constitutionality of applying the state's Commercial Activities Tax to supermarkets. However, it will be two to six months before a final decision is issued, the association said last week.

OGA filed a lawsuit in 2006 claiming the tax is unconstitutional — an opinion upheld by a lower court, which said the CAT is an excise tax, not a franchise tax, and therefore cannot be applied to grocery stores and fast-food restaurants.

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