SOUTHEASTERN-KUSAN v. S.C. TAX COMM.

21501

276 S.C. 487 (1981)

280 S.E.2d 57

SOUTHEASTERN-KUSAN, INC., Appellants, v. SOUTH CAROLINA TAX COMMISSION and Robertt Wasson, Chairman, John H. LaFitte, Jr., Commissioner, and Charles N. Plowden, Commissioner, Constituting the Members of the South Carolina Tax Commission, Respondents.

Supreme Court of South Carolina.

June 23, 1981.


Attorney(s) appearing for the Case

Dobson & Dobson, and B. Joel Stoudenmire, Greenville, for appellants.

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Joe L. Allen, Jr., and Senior Asst. Atty. Gen. G. Lewis Argoe, Jr., and Asst. Atty. Gen. Jackson E. Fields, Jr., Columbia, for respondents.

Charles W. Knowlton, of Boyd, Knowlton, Tate & Finlay, Columbia, for amicus curiae.


June 23, 1981.

LITTLEJOHN, Justice:

Plaintiff Southeastern-Kusan, Inc. (Southeastern), pursuant to § 12-35-1440, Code of Laws of South Carolina (1976), sees a refund of $67,769.11 sales tax and interest it paid under protest to defendant South Carolina Tax Commission (Tax Commission). The outcome revolves around our interpretation and application of the sales tax exemption in § 12-35-550(17).

The facts are not disputed. Southeastern...

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