2. As I recall - WMI WMIH NEWCO gave up "normal NOL" as there was concern they would violate some rules and not be useable beyond something like 5% of face
3. A letter ruling was pursued on the loss of value for the loss of the "stock"
4. I believe that is the NOL that is being used as the letter asked not only can it be used - but can it be used as a NOL v Capital Loss
So if that is correct - its all moot as the amount of NOL does not derive from operating losses but is a hybrid that works as a NOL