HERTZ CORP. v. S.C. TAX COMMISSION

18353

246 S.C. 92 (1965)

142 S.E.2d 445

The HERTZ CORPORATION, Respondent, v. SOUTH CAROLINA TAX COMMISSION, and Otis W. Livingston, Robert C. Wasson, J.A. Calhoun, Jr., Harold Murph and Sam Burts as members of and composing the South Carolina Tax Commission, Appellants.

Supreme Court of South Carolina.

May 25, 1965.


Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and James M. Windham, Assistant Attorney General, of Columbia, for Appellants.

Morris D. Rosen, Esq., of Charleston, for Respondent.


May 25, 1965.

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...

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