Legal Opinion
Rivers v. State
Supreme Court of South Carolina
Decided September 2, 1997No. 24682PublishedCited by 11 opinions
1Opinion of the Court
. TOAL, Justice.
This case concerns certain controversial state capital gains tax legislation enacted in 1988, 1989, and 1991. The circuit court found Rivers and the other respondents (“Taxpayers”) possessed a vested property interest in a capital gains tax refund scheduled to be distributed in 1992. The court held that because Taxpayers’ property right was vested, any subsequent legislation taking away that right would effect a taking in violation of the United States and South Carolina Constitutions. It further held that even if the elimination of the refund constituted a retroactive tax…
2Cases cited14 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- A. Magnano Co. v. HamiltonSupreme Court of the United States · 1934
- United States v. CarltonSupreme Court of the United States · 1994
- Dr. Ben Branch, Trustee of Bank of New England Corporation, Derivatively and on Behalf and in the Name of Maine National Bank v. United StatesCourt of Appeals for the Federal Circuit · 1996
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- River Garden Retirement Home v. Franchise Tax BoardCalifornia Court of Appeal · 2010
- Monroe v. Valhalla Cemetery Company, Inc.Court of Civil Appeals of Alabama · 1999
- Enterprise Leasing Co. v. Arizona Department of RevenueCourt of Appeals of Arizona · 2008
- Anonymous Taxpayer v. South Carolina Department of RevenueSupreme Court of South Carolina · 2008
- OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION v. POTTSSupreme Court of Oklahoma · 2018
6 more not listed; retrieve them via the Exa API.