Comptroller of the Treasury v. Fairchild Industries, Inc.

MURPHY, Chief Judge.

The question presented is whether, under Maryland Code (1957, 1980 Repl. Yol.), Article 81, § 310(c), a corporate taxpayer is entitled to interest on a state income tax refund arising out of a carryback of a net operating loss and, if so, the date from which interest must be paid. Section 310(c) provides that interest shall be paid on income tax refunds

“accounting from the date the return required under this subtitle was due to be filed, but interest may not be paid on tax refunds now pending or subsequently filed pursuant to this section if the tax originally paid was…