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Tag Archives: Taxation

Taxation – Burden of Proof — Multi-State Corporation – Gross Receipts Method – Alternative Method (access required)

CarMax Auto Superstores West Coast, Inc. v. South Carolina Department of Revenue The Department of Revenue first bears the burden of proving the gross receipts formula does not fairly represent the plaintiff-taxpayer’s business activity in South Carolina. Second, the Department bears the burden of proving that its alternative accounting method is reasonable and more fairly represents the taxpayer’s business activity in South Carolina.

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Taxation – Accounting Method – Credit Card Company – Late Fees (access required)

Capital One Financial Corp. v. Comm’r of Internal Revenue The 4th Circuit says Capital One credit card company may not retroactively change its accounting method for reporting credit-card late fees on its 1998 and 1999 tax returns in order to reduce its tax liability by about $400 million, nor may it deduct the estimated costs of coupon redemption related to its MilesOne credit card program before customers actually redeem those coupons.

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Civil Practice – Appeals – Moot – Taxation – Municipal (access required)

Tourism Expenditure Review Committee v. City of Myrtle Beach The parties disagree on whether or not two expenditures by Myrtle Beach in 2003 were tourism-related within the meaning of S.C. Code Ann. § 6-4-10, such that they could be paid from accommodations tax revenues. Where the General Assembly has required all accommodations tax revenues withheld by the State Treasurer prior to July 1, 2006 to be returned to the entity from which they were withheld, the Tourism Expenditure Review Committee no longer has the authority to withhold accommodations tax revenues based on Myrtle Beach’s 2003 expenditures.

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Taxation – Real Property – Legal Residence Tax Ratio – LLC – Single Member   (access required)

CFRE, LLC v. Greenville County Assessor Where appellant is a limited liability company (LLC) that is not taxed as a corporation, and where the LLC has only one member who herself meets all the requirements of S.C. Code Ann. ¤ 12-43-220 with respect to the LLC’s real property, the LLC is entitled to taxation at the legal residence ratio.

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Taxation – Real Property – Lease – Tax Exempt Owner – Tenant (access required)

Clarendon County v. TYKAT, Inc. Even though the owner of the land at issue is a tax-exempt political subdivision, since the defendant-tenant is not tax-exempt, the tenant must pay property taxes on its leasehold. We affirm the Administrative Law Court’s ruling that defendant must pay real property taxes on its leasehold and the ALC’s denial of the county’s motion for attorney’s fees.

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Taxation – Environmental – Carbon Charge – County Levy – Tax Injunction Act (access required)

GenOn Mid-Atlantic LLC v. Montgomery County, Md. A Maryland county’s levy on a single “taxpayer,” an electric company, for its carbon dioxide emissions was not a “tax” that meant the district court could not hear the electric company’s challenge to the levy under the Tax Injunction Act; the 4th Circuit says that because the carbon charge was levied on a single “taxpayer” and formed part of a wide-ranging regulatory program, the district court had jurisdiction over the company’s claims.

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Real Property – Taxation – Notice Requirements – Posting – Neighbor’s House (access required)

Meyer v. Charleston County The taxpayers' neighbor testified that the county posted the delinquent tax notice on his home, rather than on taxpayers' (he threw the notice away because he thought taxpayers would receive notice in the mail and because he didn't want to embarrass them). We see no compelling reason to upset the master-in-equity's determination that the neighbor's testimony was more credible than that of the tax department employee who posted the notice.

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