Legal Opinion

Boggero v. South Carolina Department of Revenue

Court of Appeals of South Carolina

Decided September 30, 2015No. Appellate Case No. 2014-000214; No. 5356PublishedCited by 5 opinions

1Opinion of the CourtLockemy, J.

Eugenia Boggero, d/b/a Boggero’s Portable Toilets, appeals the Administrative Law Court’s order, finding the gross proceeds from her portable toilet business were subject to the South Carolina sales and use tax. Boggero argues the ALC erred in applying the tax because the “true object” of her business is a service. We affirm.

FACTS

Boggero owns and operates Boggero’s Portable Toilets in Greenwood as a sole proprietor. It is a family business, started by her father, which Boggero acquired in 2005. Bog-gero has never applied for a retail sales tax license, collected sales or use tax from…

Also in this document: Concurrence.

2Cases cited18 opinions

  1. Lark v. Bi-Lo, Inc.Supreme Court of South Carolina · 1981
  2. CFRE, LLC v. Greenville County AssessorSupreme Court of South Carolina · 2011
  3. Dunton v. South Carolina Board of ExaminersSupreme Court of South Carolina · 1987
  4. James v. TRES Computer Systems, Inc.Supreme Court of Missouri · 1982
  5. Centex International, Inc. v. South Carolina Department of RevenueSupreme Court of South Carolina · 2013

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3Cited by5 opinions

  1. Rent-A-Center E., Inc. v. S.C. Dep't of RevenueCourt of Appeals of South Carolina · 2019
  2. Amazon Services, LLC v. SCDORCourt of Appeals of South Carolina · 2024
  3. Amber Geohagan v. SCDEWCourt of Appeals of South Carolina · 2023
  4. Lowe's Home Centers, LLC v. SCDORCourt of Appeals of South Carolina · 2024
  5. State v. MasseySupreme Court of South Carolina · 2020

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