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HERCULES INC. v. SOUTH CAROLINA TAX COMM.

21111

274 S.C. 137 (1980)

262 S.E.2d 45

HERCULES INCORPORATED, Appellant, v. The SOUTH CAROLINA TAX COMMISSION, and Robert C. Wasson, Wyatt E. Durham, and H. Wayne Unger, Jr., Constituting Said Commission Respondents.

Supreme Court of South Carolina.

January 19, 1980.

Attorney(s) appearing for the Case

Charles F. Ailstock and John P. Linton of Sinkler, Gibbs & Simons, Charleston, for appellant.

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Joe L. Allen, Jr., and Asst. Attys. Gen. G. Lewis Argoe, Jr., and John C. von Lehe, Columbia, for respondents.

January 19, 1980.

RHODES, Justice:

This is an appeal from an order denying a motion for judgment on the pleadings made by appellant Hercules Incorporated in an action for recovery of income taxes in the amount of $372,059.46, with assessed interest of $113,478.14, which had been paid under protest. We affirm.

On March 15, 1971 Hercules duly filed an income tax return for the year 1970 and thereafter filed an amended return on September 12, 1972. The...

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