Deering Milliken, Inc. v. South Carolina Tax Commission

(dissenting) :

The question at issue concerns the amount of tax liability of plaintiff-respondent, Deering Milliken, Inc., for the years 1961, 1962 and 1963, under Section 65-606 et seq., of the 1962 Code of Laws, which imposes upon every corporation “an annual license fee of one mill upon each dollar paid to the capital stock and paid in as surplus of said corporation as shown by the records of the corporation.”

*189In 1960, Deering Milliken & Co., Inc., (a New York Corporation) was merged into Cotwool Manufacturing Company (a Delaware Corporation), with the surviving corporation changing its name…