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NEXTEL COMMUN. v. COM., DEPT. OF REVENUE

No. 6 EAP 2016.

171 A.3d 682 (2017)

NEXTEL COMMUNICATIONS OF the MID-ATLANTIC, INC., Appellee v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Pennsylvania.

DECIDED: October 18, 2017.

Attorney(s) appearing for the Case

Bruce Lee Castor Jr, Esq. , John Bartley Delone, Esq. , John G. Knorr III, Esq. , Neil Patrick McConnell, Esq. , Carol L. Weitzel, Esq. , PA Office of Attorney General, for Appellant.

Rodney A. Corey, Esq. , James Guthrie Mann, Esq. , for Appellant Amicus Curiae.

Paul Evan Melniczak, Esq. , Kyle Oliver Sollie, Esq. , Reed Smith LLP, for Appellee.

Thomas Allan Bowen, Esq. , Tamara Lynn Fox, Esq. , Stevens & Lee, Kathy Lee Pape, Esq. , David J. Shipley, Esq. , McCarter & English, LLP, Randy Lee Varner, Esq. , for Appellee Amicus Curiae.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this direct appeal, we are called upon to determine whether the "net loss carryover" provision of the Pennsylvania Revenue Code for tax year 2007 ("NLC")1 — which restricted the amount of loss a corporation could carry over from prior years as a deduction...

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