Articles Posted in Delaware


Pillsbury State & Local Tax partner Marc Simonetti, special counsel Zachary Atkins explores the recent Delaware court decision of Verisign and the implications it has for taxpayers in Tax Notes State’s SeeSALT Digest.

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A Delaware state court invalidated the Delaware Division of Revenue’s policy limiting net operating loss (NOL) deductions Verisign-DE-300x180for members of federal consolidated groups, holding that the policy violated the Uniformity Clause of the state constitution. Verisign, Inc. v. Director of Revenue, No. N19C-08-093 JRJ (Del. Super. Ct. Dec. 17, 2020). The decision presents a potential refund opportunity for Delaware corporate taxpayers who were members of a federal consolidated group, and for Delaware corporate income tax purposes had their separate-company NOL deductions limited to the group’s consolidated NOL.

Pillsbury attorneys Marc Simonetti and Zack Atkins explain.

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