Legal Opinion · Dissent

Centex International, Inc. v. South Carolina Department of Revenue

Supreme Court of South Carolina

Decided July 24, 2013No. Appellate Case No. 2011-196887; No. 27288Published

1DissentChief Justice Toal

I respectfully dissent. In my view the ALC erred in concluding that Appellant’s corporate affiliates were not eligible to claim infrastructure tax credits pursuant to section 12-6-3420 of the South Carolina Code. I would reverse and remand.

Section 12-6-3420 provides, in pertinent part:

(A) A corporation may claim a credit for the construction or improvement of an infrastructure project against taxes due under Section 12-6-530 or Section 12-11-20 for:

*152(1) expenses paid or accrued by the taxpayer;(2) contributions made to a governmental entity; or(3) contributions made to a qualified private…

2Cases cited11 opinions

  1. CFRE, LLC v. Greenville County AssessorSupreme Court of South Carolina · 2011
  2. Charleston County School District v. State Budget & Control BoardSupreme Court of South Carolina · 1993
  3. Media General Communications, Inc. v. South Carolina Department of RevenueSupreme Court of South Carolina · 2010
  4. C. W. Matthews Contracting Co. v. South Carolina Tax CommissionSupreme Court of South Carolina · 1976
  5. Southeastern-Kusan, Inc. v. South Carolina Tax CommissionSupreme Court of South Carolina · 1981

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