25. Plaintiff believes that it may be entitled to a significant portion of the nearly $54 million Anticipated Refund that the IRS will owe to the Consolidated Group if the five-year NOL carry back election is made here. As such, the affirmative tax election by Defendant would significantly enhance Plaintiff’s liquidity and its balance sheet, and will, in all likelihood, serve to alleviate the FDIC’s concerns in large measure. Put another way, Plaintiff reasonably believes that a potential termination of Plaintiff’s banking charter by prudential regulators may be delayed - or quite possibly avoided altogether - if the Defendant elects the five-year NOL carry back and Plaintiff receives its portion of the Anticipated Refund.
Question: Why wouldn't they want the 5 year NOL tax benefit?
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