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MEYERS ARNOLD, INC. v. S.C. TAX COMMISSION

0439

285 S.C. 303 (1985)

328 S.E.2d 920

MEYERS ARNOLD, INC., Appellant-Respondent, v. SOUTH CAROLINA TAX COMMISSION, Respondent-Appellant.

Court of Appeals of South Carolina.

Decided April 15, 1985.

Attorney(s) appearing for the Case

N. Heyward Clarkson, III, of Rainey, Britton, Gibbes & Clarkson, Greenville, for appellant-respondent.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Joe L. Allen, Jr., and Asst. Atty. Gen. Ray N. Stevens, all of Columbia, for respondent-appellant.

Heard Dec. 13, 1984.

Decided April 15, 1985.

SANDERS, Chief Judge:

Meyers Arnold, Inc. sued the South Carolina Tax Commission to recover certain sales taxes paid under protest. Two separate issues are presented. The Honorable Frank P. McGowan, Jr., ruled in favor of Meyers Arnold on one of the issues and against it on the other. Both Meyers Arnold and the Commission appeal. We affirm, adopting with some modification, the order of Judge McGowan.

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