Corporate Income Tax • Net Loss Carryover Deduction Limitation • Constitutionality • Non-Uniformity
RB Alden Corp. v. Commonwealth, PICS Case No. 17-1463 (Pa. Commw. Sept. 12, 2017) McCullough, J. (12 pages).
Court overruled the commonwealth’s exceptions to its order holding that the $2 million limit on the amount of the net loss carryover deduction violated the uniformity clause of the Pennsylvania constitution as it applied to the taxpayer because contrary to commonwealth’s argument that Nextel was factually distinguishable, the court properly relied on that case. Exceptions overruled.
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