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NCR CORPORATION v. S.C. TAX COMMISSION

23328

304 S.C. 1 (1991)

402 S.E.2d 666

NCR CORPORATION, Appellant v. SOUTH CAROLINA TAX COMMISSION, Respondent.

Supreme Court of South Carolina.

Decided February 4, 1991.

Attorney(s) appearing for the Case

John C. von Lehe, Jr. and Stephen P. Groves, Charleston, and William L. Goldman, of Lee, Toomey & Kent, Washington, D.C. for appellant.

Deputy Atty. Gen. Ray N. Stevens, S.C. Tax Com'n, Columbia, for respondent.

Heard Oct. 23, 1990.

Decided Feb. 4, 1991.

TOAL, Justice:

This appeal involves an attempt by NCR Corporation ("NCR") to recover certain corporate income taxes and license fees paid under protest to the South Carolina Tax Commission ("Tax Commission"). The trial judge ruled that no refund should be given NCR. We affirm in part and remand.

FACTS

NCR is a multinational corporation engaged in the...

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