On November 23, 2015, the Commonwealth Court of Pennsylvania issued a decision in Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth of Pennsylvania. The Commonwealth Court held that the State’s 2007 net operating loss deduction (“NOLD”) limitation as applied to the taxpayer violates the Pennsylvania Constitution. The court granted the taxpayer full use of its net operating loss carryovers and a $3.94 million refund.
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