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Pennsylvania Saga re Unconstitutional Dollar-Based Caps on NOL Deduction Continues

February 22, 2022

There has been a flurry of litigation in recent years involving taxpayer challenges to the constitutionality of Pennsylvania’s statutory cap on net loss carryover (“NOL”) deductions for tax years prior to 2017. First came the Pennsylvania Supreme Court’s decision in Nextel Communications of the Mid-Atlantic, Inc., 171 A.3d 682 (Pa. 2017), in which the Court…

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Sharon R. Paxton

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