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What is the status of the MN court case that provided that the Section 382 limitation should be calculated on a pre-apportionment basis?

Has the MN tax authority exhausted its options for appeal? Is the state currently processing refund claims for returns amended to take this pre-apportionment position?

state and local tax
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Dean Marzullo
290.191 APPORTIONMENT OF NET INCOME.
Subdivision 1.General rule. (a) Except as otherwise provided in section 290.17, subdivision 5, the net income from a trade or business carried on partly within and partly without this state must be apportioned to this state as provided in this section.
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