Sales Tax Refund

BDB-Best-Lawyers

In Pierce Point Cinema 10, LLC v. Testa (March 13, 2014), BTA Case No. 2012-3603, the BTA granted a movie theater operator a refund of $194,265.79 in sales tax erroneously remitted to the state. The Tax Commissioner originally denied the taxpayer’s refund, stating that the taxpayer was unable to identify customers to be reimbursed for the sales taxes pursuant to R.C. 5739.07(A). The taxpayer was able to prove that its customers did not separately pay the tax. There was no amount of tax stated on the tickets or receipts. Therefore, the customers had no reason to believe they paid the tax. Moreover, when the operator ceased remitting sales tax, it did not change its admission price, further confirming the customers had not paid the tax.

Share This:

Artificial intelligence (AI) is quickly becoming part of everyday business operations, including the hiring process. From scanning resumes [...]

Partner Andrew Zellers was interviewed by Smart Business Magazine in the article “A look at the process of [...]

We are proud to announce that Jon Stefanik, Dustin Vrabel, and Michael Ellis have been recognized as Crain’s [...]

Schedule Your Consultation

The First Step is Starting the Conversation

Name(Required)
This field is hidden when viewing the form
This field is hidden when viewing the form

Buckingham, Doolittle & Burroughs, LLC is a preeminent business law firm in Northeast Ohio with offices in Akron, Canton and Cleveland.

3800 Embassy Parkway, Suite 300
Akron, OH 44333

4277 Munson Street NW, Canton, OH 44718

1375 East 9th Street, Suite 1700
Cleveland, OH 44114

© 2025 All Rights Reserved | Buckingham, Doolittle & Burroughs, LLC