In a 52 decision, the Pennsylvania Commonwealth Court in an en banc panel has held that Pennsylvania's NOL cap violates the Uniformity Clause of the Pennsylvania Constitution, and granted the taxpayer the right to deduct its NOLs without regard to the statutory NOL cap, which resulted in a refund to Nextel.1 Reed Smith represented Nextel in this case, and we previously reported on the NOL cap issue in our October 5, 2015 Alert . For background, during the period at issue in this case , the statutory NOL cap on Pennsylvania's corporate net income tax was the greater of $3 million or 12.5% of taxable income.