Ruling Could Cost SC $100 Million

By fitsnews • on July 15, 2009
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South Carolina lawmakers will likely have to pay back as much as $100 million to local school districts after the S.C. Supreme Court ruled that six plaintiff districts are entitled to receive reimbursement for “taxes lost” from payments made on taxpayer-incurred debt.

Previously, the S.C. Department of Revenue had declined to reimburse local districts for these “costs,” arguing that interest payments and capital debt obligations did not constitute “school operating purposes” – which let’s face it, they don’t.

South Carolina’s left-leaning Supreme Court disagreed, though, and in so doing exposed yet another unintended consequence of an ill-conceived 2006 property tax-sales tax swap.

“We find the Plaintiffs are entitled to reimbursement for the taxes lost as a result of this exemption,” Justice Donald Beatty wrote on behalf of the majority opinion, which is obviously based on a very liberal interpretation of what constitutes an ‘operating expense.’

Of course, Beatty is a liberal Democrat – which is exactly what we kept telling people when South Carolina’s “Republican” General Assembly elected him to the high court two years ago.

Incidentally, the same “Republicans” who appointed Beatty have also failed repeatedly to reform the most wasteful, inefficient and ineffective education system in the nation – one with far too many districts, funding categories, and unnecessary expenses.

And far too much failure.

Anyway, this landmark case has failed to attract much (any) media attention since it was decided last week – which is surprising considering the far-reaching implications it could have on an already deteriorating state revenue situation.

Oh well, keep it tuned to FITS as those implications become clearer …

Comments

By 1+1=3 on July 15th, 2009 at 10:40 am

Maybe the Governor will have a comment…oh wait, he’s on vacation since 6/17.

By Red Bank Bar on July 15th, 2009 at 10:17 pm

Yes, sir, Mr. Rich, I’m still your butt-boy over here at FITZ…

By lou on July 16th, 2009 at 9:32 am

The Governor has been on vacation since he was elected.

By Ron on July 16th, 2009 at 11:47 am

FITSNews – May 2, 2007 – Sources tell FITSNews that three powerful House Republican leaders have personally injected themselves into the S.C. Supreme Court selection process on behalf of a former Democratic legislator, creating alleged entanglements that could stretch the limits of legal and ethical legislative conduct.

In supporting the candidacy of S.C. Court of Appeals Judge Donald W. Beatty to fill a rare open seat on the Supreme Court, these legislators are facing harsh criticism from GOP party activists, leaders in the business community and social conservatives alike.

By Ron on July 16th, 2009 at 11:48 am

FITSNEWS MAY 2, 2007
The brewing firestorm has also resulted in questions concerning the motivations that these three Republicans may have for supporting the elevation of a Democrat to South Carolina’s highest court. Here is what FITSNews has been able to uncover:
According to our sources, House Ways & Means Chairman Dan Cooper, Labor Commerce & Industry Chairman Harry Cato and former Majority Leader Annette Young have rallied around the candidacy of Beatty, a former Democratic legislator from Spartanburg who conservatives say has a liberal voting history and a less-than-stellar report card from the S.C Bar Association.

Beatty, one of three candidates for the bench to emerge from a recent judicial screening process, was apparently integral in helping Republicans take control of the S.C. House of Representatives during the reapportionment debate back in the early 1990’s. The final reapportionment deal, which expanded black representation and created a Republican majority in the House of Representatives (at the expense of white Democrats) hinged on a number of tradeoffs with the Legislative Black Caucus, one of which was Beatty’s eventual confirmation as a Supreme Court Justice, sources say.

By Ron on July 16th, 2009 at 11:55 am

Thanks Will,
You predicted this back in 2007 when the above RINO REPUBLICAN lawmakers Cooper, Young, Cato, Chellis and others allegedly got caught up in the “vote swapping scandal” to elect liberal Judge Beatty to the SC Supreme Ct. Sadly these these legislators are directly responsible for costing SC Taxpayers approximately $100 mil with the above referenced decision by liberal Judge Beatty.

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