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SOUTHERN SOYA CORP. v. WASSON

18903

252 S.C. 484 (1969)

167 S.E.2d 311

SOUTHERN SOYA CORPORATION of Cameron, Respondent, v. Robert C. WASSON, Wyatt E. DURHAM, and J.A. CALHOUN, JR., as Members Composing the South Carolina Tax Commission, Appellants.

Supreme Court of South Carolina.

April 14, 1969.

Attorney(s) appearing for the Case

Daniel R. McLeod, Attorney General, and Joe L. Allen, Jr., and G. Lewis Argoe, Jr., Assistant Attorneys General, of Columbia, for Appellants.

Messrs. Lawrence M. Gressette, Jr. and Gressette & Gressette, of St. Matthews, for Respondent.

Messrs. Daniel R. McLeod, Attorney General, and Joe L. Allen, Jr., and G. Lewis Argoe, Jr., Assistant Attorneys General of Columbia, for Appellants, in Reply.

April 14, 1969.

LITTLEJOHN, Justice.

This action was brought to recover income tax paid under protest to the South Carolina Tax Commission. The tax was paid after the Commission held that the taxpayer was not entitled to a claimed deduction referred to in the statute.

The Commission demurred to the complaint on the ground that it appeared on the face thereof that the taxpayer had not brought itself within...

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