NYNEX Corp. v. Commissioner of Revenue

Grasso J.

NYNEX Corporation (NYNEX) and thirteen of its subsidiaries subject to tax in this Commonwealth (the taxpayer group) elected to file a combined Massachusetts corporate excise tax return for the tax year ending December 31, 1987 (the 1987 tax year). NYNEX now appeals from a decision of the Appellate Tax Board (board) upholding a refusal by the Commissioner of Revenue (commissioner) to abate the corporate excise *576tax assessed to NYNEX under G. L. c. 63, § 39. NYNEX contends that the taxpayer group should have been treated as a single entity such that net operating losses (NOLs) incurred…