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Re: skittle7626 post# 82499

Saturday, 03/30/2019 5:53:36 PM

Saturday, March 30, 2019 5:53:36 PM

Post# of 83044
If you had bothered reading past the first response you would have seen this.

"IRS Code section 382 and 383 limits the use of net operating losses if there is more than a 50% change in ownership. This is to prevent “trafficking” in NOLs.

The NOLs do have some value and an appraisal would need to be performed.

Corporate NOLs can be carried forward for 20 years so years until expiration will drive the value."

And then this.

"With extreme difficulty. Congress substantially closed this loophole of “purchasing NOLs” a fair number of years ago.

I’ve not looked into it in probably over 10 years so my answer may be dated but “effectively you can not” is my answer. NOLs are specific to the entity and NOT something that can be transferred."

New Management looked into this at length with lawyers and accountants and in hindsight it may have been easier to use ESF or another company and try and transfer the NOLs but my job as Chairman of the Equity Security Holders Committee ( and the Committee) was to look after the interest of ALL shareholders (around 6000) and not just the 100 or so who invested in ESF.

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