Non-Business Income • Partnership • “Tax Benefit Rule” • Net Loss Carryover Deduction • Uniformity Clause
RB Alden Corp. v. Commonwealth, PICS Case No. 16-0821 (Pa. Commw. June 15, 2016) Pellegrini, J. (32 pages).
Board of appeals’ decision upholding notice of assessment and imposing an assessed corporate net income tax (CNIT) on partnership based on sale of a portion of the partnership interest was reversed and remanded because the limitation in the net loss carryover deduction violated the uniformity clause of the Pennsylvania constitution. Reversed and remanded.
