Fairchild Semiconductor Corp. v. State Tax Assessor

[¶ 1] Fairchild Semiconductor Corporation appeals from a judgment entered in the Superior Court (Kennebec County, Marden, J.) affirming a decision of the State Tax Assessor assessing additional taxes against Fairchild for the 1988 tax year. Fairchild argues that the Assessor misapplied 86 M.R.S.A. § 5102(8) 1 in its audit of Fairchild and its “unitary group,” resulting in the erroneous denial of a Maine net operating loss (NOL) carry-back deduction from the 1989 tax year to the 1988 tax year. 2 Fairchild also contends that, because the Assessor’s denial of the deduction was based on the lack…