Ohio Ferro-Alloys Corp. v. Kosydar

296 N.E.2d 533, 34 Ohio St. 2d 113, 63 Ohio Op. 2d 195, 1973 Ohio LEXIS 357
CourtOhio Supreme Court
DecidedMay 16, 1973
DocketNo. 72-766
StatusPublished
Cited by26 cases

This text of 296 N.E.2d 533 (Ohio Ferro-Alloys Corp. v. Kosydar) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio Ferro-Alloys Corp. v. Kosydar, 296 N.E.2d 533, 34 Ohio St. 2d 113, 63 Ohio Op. 2d 195, 1973 Ohio LEXIS 357 (Ohio 1973).

Opinion

Per Curiam.

The issue in this case is whether certain equipment purchased and used by appellant in the production of ferro-alloys is excepted from the Ohio sales and use taxes.

R. C. 5739.01(E) (2) provides, in part:

“(E) ‘Retail sale’ and ‘sales at retail’ include all sales except those in which the purpose of the consumer is:

í i * * *

“(2) To incorporate the thing transferred as a material or a part, into tangible personal property to be produced for sale by manufacturing, assembling, processing, or relining, or to use or consume the thing transferred directly in the production of tangible personal property for sale by manufacturing, processing * * V’ (Emphasis added.)

For materials or equipment to be excepted under the “manufacturing exception,” they must be involved in the manufacturing process and that involvement must be direct.

First, it is necessary to determine the beginning and end of the manufacturing process; anything that is used before or after such process is not within the exception of R. C. 5739.01(E)(2). This court, in Canton Malleable Iron Co. v. Porterfield (1972), 30 Ohio St. 2d 163, 170, held that “the terms ‘manufacturing’ and ‘processing’ imply essentially a transformation or conversion of material or things into a different state or form from that in which they originally existed — the actual operation incident to changing them into marketable products.”

In this case, appellant contends that the weighing and mixing of raw materials before they are charged into the furnace is necessary to obtain a satisfactory product and insure the efficient operation of the furnace. The materials are weighed prior to being charged into the furnace to assure that there is a proper proportion of the raw materials. [116]*116They are also mixed in a certain way so that oxides and carbons are located next to one another; this pre-mixing and locating is necessary to make certain that the proper reaction will take place because the location of the materials cannot be changed once they are charged into the furnace. This weighing and mixing, however, does not amount to a change into a ‘‘different state or form.” A witness for appellant testified to the importance of the mixing and weighing :

“* * * We alternate them, because intimacy of mixture of these compounds is important when the material reaches the furnace,

ÍÍ * # #

“The most important change that occurs in this system is the — put it this way, the nonreversing, mixing of materials.” His testimony did not indicate that there was any change in form or state before the materials entered the furnace.

So the weighing and mixing of the raw materials occurs before the manufacturing process begins, and the equipment used in those processes is not excepted from tax under R. C. 5739.01(E)(2).

The “wood hoggers” chop up logs into wood chips that are one of the essential materials to be charged into the furnaces. Appellant claims that the wood chips are one of the raw materials used in the manufacturing process and that the preparation of these is therefore one of the steps in transforming raw materials into the finished product.

As appellant states, the wood chips are the raw material, not the logs. The “wood hoggers” merely produce wood chips; they do not convert logs into a final marketable product. It is not the logs that are transformed into the ferro-alloys; rather it is the wood chips that are so transformed. The process by which the “wood hoggers” convert logs into wood chips is one step removed from the transforming of raw materials into marketable products. This process involves the preparation of raw materials prior to the commencement of manufacturing. The “wood hog-[117]*117gers” are involved “* * * in operations preliminary and preparatory to manufacturing or processing, and are not used or consumed directly in producing tangible personal property for sale by manufacturing or processing within the contemplation of the applicable statutes, and hence their purchase or use was not excepted from taxation.’’ National Tube v. Glander (1952), 157 Ohio St. 407, 411.

Appellant contends that the present case is similar to Mead Corp. v. Glander (1950), 153 Ohio St. 539, where the taxpayer manufactured paper from logs, or Charles Pfizer & Co. v. Porterfield, 71-02-0268 BTA, where lime was made from limestone. Those are two distinctly different cases.. Logs are not used directly in the production of ferro-alloys in the same manner as logs are used in the production of paper, nor as limestone is used in the manufacture of lime.

We now come to a consideration of the three miscellaneous items which appellant claims should be excepted from taxation: a scale, lighting fixtures, and recording devices. The scale weighs the hot metal casts after they have been removed from the furnace. It is used at a time during the manufacturing process and is therefore excepted from taxation.

The manufacturing continues while there is a “transformation or conversion * * * into a different state or form from that in which they originally existed — the actual operation incident to changing them into marketable products.” The weighing of the hot metal casts occurs prior to the time that the casts are taken to the crushing and screening equipment, where they are broken and crushed into sizes according to customer specification. This breaking and crushing would be included in the manufacturing process, for casts are changed in form when they are crushed or broken.

Not only does the scale fulfill the requirement that it be used during the manufacturing period, but it also satisfies the direct use requirement, as expressed in the syllabus of Youngstown Bldg. Material & Fuel Co. v. Bowers (1958), 167 Ohio St. 363, which provides:

[118]*118“In determining whether tangible personal property is used or consumed directly in the production of tangible personal property for sale by manufacturing or processing, and, therefore, whether its sale or use is excepted from taxation under the provisions of subdivision (E) (2) of Section 5739.01, or subdivision (C)(2) of Section 5741.01, Revised Code, the test is not whether such property is essential to the operation of an ‘integrated plant,’ the test to be applied being, when does the actual manufacturing or processing activity begin and end, and is the property used or consumed during and in the manufacturing or processing period.”

Therefore, since the scale is used during the manufacturing period as shown herein above, it fulfills the direct use requirement. Mead Corp. v. Glander (1950), 153 Ohio St. 539, and France Co. v. Evatt (1944), 143 Ohio St. 455.

The lighting fixtures “* * * while essential for the operation of the business as a whole * * *” are not involved with the manufacturing process, and “are not entitled to be excepted from the tax.” Warren Telephone Co. v. Bowers (1962), 173 Ohio St. 164, 168.

The last item is the recording devices that indicate and record the amount of energy used in the furnace.

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Bluebook (online)
296 N.E.2d 533, 34 Ohio St. 2d 113, 63 Ohio Op. 2d 195, 1973 Ohio LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-ferro-alloys-corp-v-kosydar-ohio-1973.