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BASS v. STATE

23216

307 S.C. 113 (1992)

414 S.E.2d 110

Francis Edwin BASS, Jr.; Marvin L. Jones; James R. Marvin; Wilton A. Hockenberry; Catherine Louise Moyers; John Gilreath; Mildred B. Jenkins; J. Loring Jenkins, Individually and for the Benefit and on Behalf of all others Similarly Situated, Respondents/Appellants v. The STATE of South Carolina, a Body Politic, and the South Carolina Tax Commission, Appellants/Respondents.

Supreme Court of South Carolina.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Chief Deputy Atty. Gen. Joe L. Allen, Jr., Deputy Atty. Gen. Ray N. Stevens and Asst. Atty. Gen. Arlene D. Hand, Columbia, for appellants/respondents.

Gene M. Connell, Jr., and Edward T. Kelaher, both of Kelaher, Haar, Bass & Connell, Surfside Beach, for respondents/appellants.

Scott Y. Barnes, of Holmes & Thompson, of Charleston, and William J. Quirk, of USC School of Law, Columbia, for amicus curiae Tax Section of the South Carolina Bar.

Heard Oct. 30, 1991.

Decided Jan. 27, 1992.

Per Curiam:

This matter is before us on remand from the United States Supreme Court. ___ U.S. ___, 111 S.Ct. 2881, 115 L.Ed. (2d) 1047. In Bass v. State, 302 S.C. 250, 395 S.E.2d 171 (1990) (Bass I), we held that federal retirees were not entitled to a refund for income taxes...

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