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The Retained NOLs include approximately $17.74 billion of 2008 NOL carryforwards (remaining after the 2008partial utilization of the approximately $32.5 billion NOL for 2008 pursuant to the prior 2008 five-year refundclaims), and a 2009 NOL carryforward of around $88 million. WGM 000.38649. If the Effective Date is on orbefore December 31, 2010, and if the Stock Loss was claimed prior to such date, the WaMu Group would again
be
expected to report a several billion dollar NOL for 2010. However, if the Effective Date does not occur in 2010 andthe Stock Loss is not claimed in 2010, then the WaMu Group may be in a taxable position for 2010 due to the largeamount of interest income that was received by the Debtors on October 7, 2010, when $4.77 billion of tax refundswere received from the IRS, Disci. Stmt. at 157.
551
The Stock Loss represents an estimated $5 billion worthless stock deduction upon the abandonment by WMI of its stock investment in WMB, which the Debtors expect to claim prior to the Effective Date. Brouwer Interview.The Debtors have sought a private letter ruling from the IRS to the effect that such Stock Loss will constitute anordinary loss. If so, this would itself result in a $5 billion NOL for the year in which the Stock Loss is claimed.Disci. Stmt. at 157
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