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You are here: Home / US Taxation / Maryland Comptroller Improperly Denied NOL Deduction Based on Regulation Amendment

Maryland Comptroller Improperly Denied NOL Deduction Based on Regulation Amendment

October 25, 2019 by cbn Leave a Comment

The Maryland Tax Court held the Comptroller
overreached his authority in limiting a corporate taxpayer’s net operating loss. The Comptroller
impermissibly created a modification to “federal taxable income” through regulatory
amendments.

Merger of Businesses and NOL Deductions

The taxpayer, Sunbelt Rentals, acquired and
merged with two entities in 2006. Sunbelt claimed net operating loss (NOL)
deductions for 2007 through 2013. However, for three of the tax years, the
Comptroller did not allow Sunbelt to claim the acquired companies’ carryforward
NOL deductions.

NOL Regulation Amendment

In 2007, the Comptroller amended the regulation governing NOLs. The amendments barred taxpayers from using the NOLs of some liquidated or acquired corporations.Taxpayers could only use the NOLs of corporations subject to Maryland tax when the NOLs were generated.

Comptroller’s Position

The Comptroller contended that he is statutorily authorized to adopt reasonable regulations to administer state income tax laws. He also argued that the acquired corporations had no “taxable year” in Maryland, so the NOLs had nonexus with the state.

Taxpayer’s Argument

Sunbelt argued against the NOL denial because the amended regulation:

  • is
    contrary to the Maryland statutory scheme;
  • cannot
    apply to NOLs generated and acquired before the effective date of the announced
    regulation; and
  • impermissibly
    discriminates against interstate commerce in violation of the Commerce Clause.

The
taxpayer based its argument on the Maryland
law
stating that modified income is equal to a corporation’s federal
taxable income.

Tax Court Decision

The Tax Court noted that Maryland can change federal taxable income via limited and specifically identified statutes. The Comptroller tried to create a modification by using the definition of “taxable year” out of context. Also, the term “taxable year” is not found in the regulations and is not in any of the statutes authorizing a modification. Therefore, the court reversed the NOL denial.

By Amber Harker, J.D.

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