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sanderburwil

05/26/19 9:33 PM

#392 RE: bigarena #391

Also this as well. From the dockets


The Debtor has generated, and is currently generating, a significant amount of Tax Attributes for U.S. federal income tax purposes. The Debtor has experienced losses from the operation of its business, having failed to post positive net earnings since its inception. As a result, the Debtor estimates that its utilizable federal income tax net operating losses are approximately $438 million (“NOLs”), consisting of approximately $302 million of NOLs through 2017 and $136 million of NOLs generated during 2018, and it expects to have incurred additional NOLs since then through the Petition Date, which amounts could be even higher when the Debtor emerges from chapter 11. The Debtor’s Tax Attributes are a valuable asset because the Debtor generally can carry forward its Tax Attributes to reduce or eliminate its
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Case 19-10844 Doc 3 Filed 04/15/19 Page 29 of 69
income tax liability, thereby potentially freeing up funds to meet working capital requirements and service debt. In particular, the Tax Attributes may be available to the Debtor to offset taxable income generated by ordinary course activity and other transactions completed during the course of the Chapter 11 Case. Additionally, the Debtor can carry forward the NOLs and credits to reduce its future tax liability, thereby potentially recovering cash for the benefit of its estate