Hertz Corp. v. South Carolina Tax Commission

Brailsford, Justice.

The Hertz Corporation is engaged in the business of renting and leasing motor vehicles in many of the states of the United States, including South Carolina. The issue in this case involves the method of allocating a portion of the Corporation’s 1960 income to South Carolina for income tax purposes and turns upon which of two statutory formulae applies. The pertinent provisions of law were adopted in 1958 and re-enacted in 1959. Act No. 731, Acts of 1958 and Act No. 217, Acts of 1959. These acts, as amended, are codified as Title 65, Chapter 5, Article 5, Code of 1962. The…