LEXINGTON CTY. v. S.C. DEPT. OF REVENUE

No. 4597.

384 S.C. 647 (2009)

682 S.E.2d 508

LEXINGTON COUNTY HEALTH SERVICES DISTRICT, d/b/a Lexington Medical Center, Respondent, v. SOUTH CAROLINA DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of South Carolina.

Decided July 22, 2009.

Rehearing Denied September 17, 2009.


Attorney(s) appearing for the Case

Milton G. Kimpson, Ray N. Stevens, Harry T. Cooper, Jr., and Nicholas P. Sipe, all of Columbia, for Appellant.

David B. Summer, Jr., and Faye A. Flowers, both of Columbia, for Respondent.


LOCKEMY, J.

The South Carolina Department of Revenue (the Department) appeals the Administrative Law Court's (ALC) determination that Lexington County Medical Center (Lexington Medical) was entitled to a refund of sales and use taxes under section 44-7-2120 of the South Carolina Code (2002). We reverse.

FACTS AND PROCEDURAL HISTORY

Lexington Medical is an incorporated health services district created in...

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