Peterson v. Heitkamp

LEVINE, Justice.

James Peterson and Ashland Oil, Inc. appeal from a district court order affirming the Tax Commissioner’s assessment of an oil extraction tax against Ashland Oil. We affirm.

Section 57-51.1-02, NDCC, 1 imposes an oil extraction tax on oil produced in North Dakota. Section 57-51.1-03(2), NDCC, 2 provides an exemption from the tax for “stripper well property.” “Stripper well property” is defined by NDCC § 57-51.1-01(8) 3 as “a ‘property’ 4 whose average daily production of oil ... [meets specified requirements] during any preceding consecutive twelve-month period beginning after…