North Dakota Century Code

N.D. Cent. Code § 57-38-01.2 (2026)

Adjustments to taxable income for individuals and fiduciaries

✓ current as of May 2026
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Repealed by S.L. 2009, ch. 545, § 32.

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Notes of Decisions
Cited in 5 cases, 1974–2008 · leading case: Erdle v. Dorgan, 300 N.W.2d 834 (N.D. 1980).
Erdle v. Dorgan, 300 N.W.2d 834 (N.D. 1980). · cites it 14× “Subsection (i) of Section 57-38-01.2(1), N.D.C.C., provides for a deduction from the federal taxable income figure for dividends or income received by a taxpayer from stock or interest in a corporation "up to a maximum of $15,000.”
Lanterman v. Dorgan, 255 N.W.2d 891 (N.D. 1977). · cites it 11× “Section 57-38-01.2, N.D.C.C., including subdivision i of subsection 1 thereof, cannot be read alone; it must be read in conjunction with the remainder of the Act of which it was a part at the time it was enacted.”
Dep't of Revenue of Kentucky v. Davis, 553 U.S. 328 (2008). “6(b)(1)(b), (c)(1) (Lexis 2005); N.D. Cent.Code Ann. § 57-38-01.2(1)(g) (Lexis Supp.”
Messner v. Dorgan, 228 N.W.2d 311 (N.D. 1974). · cites it 12× “1, Section 57-38-01.2, Section 57-38-31(2) and Rule No.”
Running v. Tax Comm'r, 313 N.W.2d 772 (N.D. 1981). · cites it 3× “We conclude that there is no provision in the North Dakota statute, nor in any decision by this court, nor in any rule promulgated by the Tax Commissioner, that permits or authorizes an adjustment, plus or minus, which would apply to the refund to Running, in 1977, of federal…”
— N.D. Cent. Code § 57-38-01.2(1) — 1 case
Erdle v. Dorgan, 300 N.W.2d 834 (N.D. 1980). “Subsection (i) of Section 57-38-01.2(1), N.D.C.C., provides for a deduction from the federal taxable income figure for dividends or income received by a taxpayer from stock or interest in a corporation "up to a maximum of $15,000.”
— N.D. Cent. Code § 57-38-01.2(1)(g) — 1 case
Dep't of Revenue of Kentucky v. Davis, 553 U.S. 328 (2008). “6(b)(1)(b), (c)(1) (Lexis 2005); N.D. Cent.Code Ann. § 57-38-01.2(1)(g) (Lexis Supp.”
— N.D. Cent. Code § 57-38-01.2(1)(i) — 2 cases
Erdle v. Dorgan, 300 N.W.2d 834 (N.D. 1980). “Subsection (i) of Section 57-38-01.2(1), N.D.C.C., provides for a deduction from the federal taxable income figure for dividends or income received by a taxpayer from stock or interest in a corporation "up to a maximum of $15,000.”
Lanterman v. Dorgan, 255 N.W.2d 891 (N.D. 1977). “Section 57-38-01.2, N.D.C.C., including subdivision i of subsection 1 thereof, cannot be read alone; it must be read in conjunction with the remainder of the Act of which it was a part at the time it was enacted.”
— N.D. Cent. Code § 57-38-01.2(2) — 1 case
Running v. Tax Comm'r, 313 N.W.2d 772 (N.D. 1981). “We conclude that there is no provision in the North Dakota statute, nor in any decision by this court, nor in any rule promulgated by the Tax Commissioner, that permits or authorizes an adjustment, plus or minus, which would apply to the refund to Running, in 1977, of federal…”
— N.D. Cent. Code § 57-38-01.2(l)(i) — 1 case
Erdle v. Dorgan, 300 N.W.2d 834 (N.D. 1980). “Subsection (i) of Section 57-38-01.2(1), N.D.C.C., provides for a deduction from the federal taxable income figure for dividends or income received by a taxpayer from stock or interest in a corporation "up to a maximum of $15,000.”
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