Legal Opinion

North Carolina Department of Revenue v. Hudson

Court of Appeals of North Carolina

Decided May 5, 2009No. COA08-945PublishedCited by 21 opinions

1Opinion of the Court

WYNN, Judge.

“Where the language of a statute is clear and unambiguous, there is no room for judicial construction and the courts must construe the statute using its plain meaning.” 1 In this appeal, the North Carolina Department of Revenue argues that N.C. Gen. Stat. § § 105-163.011(bl) and 105-163.012(a) (1999) limit the maximum amount of qualified business income tax credit that an individual may claim based on one years’ investment to $50,000. Because the plain language of the statute permits a taxpayer to carry over unused amounts of qualified business income tax credit, accrued in one…

2Cases cited6 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Rodriguez v. United StatesSupreme Court of the United States · 1987
  3. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  4. Broadwell Realty Corp. v. CobleSupreme Court of North Carolina · 1977
  5. Martin v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2009

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Doe 1 v. CooperCourt of Appeals for the Fourth Circuit · 2016
  2. State v. WattersonCourt of Appeals of North Carolina · 2009
  3. Blue Ridge Healthcare Hosps. Inc. v. N.C. Dep't of Health & Human Servs.Court of Appeals of North Carolina · 2017
  4. State v. RomeroCourt of Appeals of North Carolina · 2013
  5. Wind v. City of GastoniaCourt of Appeals of North Carolina · 2013

16 more not listed; retrieve them via the Exa API.

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