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increased by the deductions, remain available for potential
future use, albeit that the conditions for such use may never
occur. In this respect, the PAL situation is strikingly similar
to that which exists in the case of an NOL which is increased by
a depreciation deduction but which may, but not necessarily, be
used in a subsequent year.
In keeping with the foregoing, respondent's motion for
partial summary judgment is granted, and petitioner's motion is
denied.
An appropriate order will
be issued.
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