Beaty Trust Co. v. South Carolina Tax Commission

Harwell, Justice:

Respondents commenced this action to recover documentary stamp taxes they had paid under protest to appellants. The trial court, sitting without a jury, granted respondents recovery of the taxes with interest. Appellants assert that under S. C. Code Ann. § 12-21-380 (1976) and § 12-25-10 (1976), the taxes were assessed and collected properly. We agree and reverse.

Appellant S. C. Tax Commission assessed taxes of $4,055, and appellant County of York assessed taxes of $2,230.25, on a conveyance by respondent W. Moubray Beaty, Trustee, to respondent Beaty Trust Company, Inc., of…