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EMERSON ELECTRIC CO. v. WASSON

0277

283 S.C. 257 (1984)

322 S.E.2d 671

EMERSON ELECTRIC CO., Appellant, v. Robert C. WASSON, John H. Lafitte, Jr. and Charles N. Plowden, Members of and Collectively Constituting the South Carolina Tax Commission, Respondents.

Court of Appeals of South Carolina.

September 18, 1984.

Attorney(s) appearing for the Case

Robert P. Wilkins, Lexington, for appellant.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Joe L. Allen, Jr., and Asst. Atty. Gen. Jackson E. Fields, Jr., Columbia, for respondents.

Sept. 18, 1984.

GARDNER, Judge:

Emerson Electric Co. (Emerson), together with its wholly owned subsidiary Therm-O-Disc, Incorporated (TOD), filed a consolidated state income tax return for the fiscal year ending September 30, 1978. The State audited the return and imposed additional taxes in amount of $28,070 which were paid under protest; this action was brought to recover these taxes. The trial court found for the Tax Commission. We disagree and reverse...

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