Oregon Tax Court: Timing of severing unitary relationship controls assignment of NOLs between members


In a case of first impression, the Oregon Tax Court held that net operating losses incurred by a unitary group member that departs the group mid-year may be taken into account by the remaining group members, but only to the extent those losses were incurred on or before the departure date. [US West, Inc., et. al., v. Department of Revenue, Oregon Tax Court TC 4896; TC 4897, Aug. 20, 2011]

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