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Thursday, October 11, 2012 2:56:59 PM
Net Operating Losses
We have assisted you in assessing the value of a corporation's Net Operating Losses (NOLs) for many years-You have, with our assistance, accurately analyzed the situations existing at Eddie Bauer, Mirant, Delta Airlines, Armstrong and countless other corporations possessing this valuable attribute. The rules in this area are complex. What is an "ownership change"; what happens when one occurs? Are the NOLs summarily forfeited or are the "penalties" imposed for "trafficking" in such NOLs more subtle than that? How do these rules differ for corporations that experience ownership changes in the course of a Title 11 or similar case? What rules apply when a loss corporation experiences multiple ownership changes? What new rule, instituted by the I.R.S. in 2003, but still not widely-understood, has the effect of nearly doubling the value of a loss corporation's NOLs?
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