Duke Power Co. v. South Carolina Tax Commission

Littlejohn, Acting Associate Justice:

Respondent Duke Power Company (Duke) brought an action under S. C. Code Ann. § 12-47-440 (1976) for the recovery of corporate license fee taxes paid under protest. The circuit court ordered appellant South Carolina Tax Commission (Commission) to refund $1,143,863 to Duke plus interest and costs. The Commission alleges error. We reverse.

In 1981 Duke sold a portion of an unfinished nuclear power plant known as the Catawba Nuclear Station. The *65gross receipts attributable to the sale of real property and improvements situated in South Carolina were…