316.028
Determination of net operating loss, carryback and carryforward. (1) In the computation of state
taxable income the net operating loss, net operating loss carryback and net
operating loss carryforward shall be the same as that contained in the Internal
Revenue Code as it applies to the tax year for which the return is filed and
shall not be adjusted for any changes or modifications contained in this
chapter or by the case law of this state.
(2) In the case
of a nonresident, the net operating loss deduction, net operating loss
carryback and net operating loss carryforward shall be that described in
subsection (1) of this section which is attributable to Oregon sources.
(3) If any
provision in ORS 316.047 or 316.127 appears to require an adjustment to a net
operating loss, net operating loss carryback or net operating loss carryforward
contrary to the provisions of this section, that adjustment shall not be made. [Formerly
316.014]
Notes of Decisions
Hillenga v. Dep't of Revenue, 361 P.3d 598 (Or. 2015).
· cites it 2× “014(1) (2005), renumbered as ORS 316.028(1) (for purposes of state taxation, net operating losses and net operating loss carryovers are treated the same as in the Internal Revenue Code).”
Hillenga v. Dept. of Rev. (Or. 2015).
· cites it 2× “IRC § 172(c) (“For purposes of this section, the term ‘net operating loss’ means the excess of the deductions allowed by this chapter over the gross income.”
— Or. Rev. Stat. § 316.028(1) — 2 cases
Hillenga v. Dep't of Revenue, 361 P.3d 598 (Or. 2015).
“014(1) (2005), renumbered as ORS 316.028(1) (for purposes of state taxation, net operating losses and net operating loss carryovers are treated the same as in the Internal Revenue Code).”
Hillenga v. Dept. of Rev. (Or. 2015).
“IRC § 172(c) (“For purposes of this section, the term ‘net operating loss’ means the excess of the deductions allowed by this chapter over the gross income.”
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