RUNNING v. TAX COMMISSIONER

Civ. No. 9972.

313 N.W.2d 772 (1981)

Arley C. RUNNING, Plaintiff and Appellant, v. TAX COMMISSIONER, State of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

December 22, 1981.


Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiff and appellant; argued by Donald A. Negaard, Minot.

Albert A. Hausauer, Asst. Atty. Gen., State Tax Dept., Bismarck, for defendant and appellee.


PEDERSON, Justice.

This is an appeal from the Tax Commissioner's administrative determination that a federal income tax refund, received by Running in 1977, of 1973 and 1974 federal income taxes paid by Running in 1974 and 1975, is taxable by the State of North Dakota as 1977 income. The district court affirmed the Tax Commissioner's determination. We reverse and remand.

Ordinarily, the scope of review in the district court is that which is prescribed by ...

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