Legal Opinion

Emerson Electric Co. v. South Carolina Department of Revenue

Supreme Court of South Carolina

Decided December 12, 2011No. 27073PublishedCited by 2 opinions

1Opinion of the CourtJustice Kittredge

This is a direct appeal in a tax ease from the Administrative Law Court (ALC). The ALC upheld the South Carolina Department of Revenue’s (DOR) disallowance of certain expense deductions claimed by Appellant Emerson Electric Company (Emerson). We affirm.

I

Our standard of review is governed by the Administrative Procedures Act. S.C.Code Ann. § 1-23-380(5) (Supp.2010). The Court may affirm the ALC’s decision, remand the matter, or reverse or modify it

if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:(a) in…

2Cases cited14 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
  3. Shaffer v. CarterSupreme Court of the United States · 1920
  4. Moorman Manufacturing Co. v. BairSupreme Court of the United States · 1978
  5. Hicklin v. OrbeckSupreme Court of the United States · 1978

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3Cited by2 opinions

  1. Duke Energy Corp. v. South Carolina Department of RevenueSupreme Court of South Carolina · 2016
  2. Directv, Inc. v. S.C. Dep't of RevenueCourt of Appeals of South Carolina · 2017

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