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INDUSTRIAL VENDORS, INC. v. BURTS

18588

248 S.C. 595 (1966)

151 S.E.2d 867

INDUSTRIAL VENDORS, INC., Respondent, v. Sam BURTS, James A. Calhoun, Jr., Walter W. Lewis, Otis W. Livingston and Robert C. Wasson, constituting the South Carolina Tax Commission, Appellants.

Supreme Court of South Carolina.

December 13, 1966.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Joseph C. Coleman and Joseph L. Allen, Jr., Assistant Attorneys General, of Columbia, for Appellants.

Messrs. Yancey A. McLeod and McLeod & Singletary, of Columbia, for Respondent.

December 13, 1966.

BRAILSFORD, Justice.

This action by Industrial Vendors, Inc., against the South Carolina Tax Commission to recover sales taxes assessed against Industrial for the period January 1, 1963, through March 31, 1964, and paid under protest, resulted in a judgment for the taxpayer and the Commission has appealed.

Industrial is a wholly owned subsidiary of Shanks Distributing Company, Inc., and is engaged exclusively in the business of vending...

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