- 7 - Rose v. Commissioner, 55 T.C. 28, 31 (1970). Such retroactive application violates the Due Process Clause of the Fifth Amendment when "'retroactive application is so harsh and oppressive as to transgress the constitutional limitation.'" United States v. Carlton, 512 U.S. 26, 30 (1994) (quoting Welch v. Henry, 305 U.S. 134, 147 (1938)). According to the Supreme Court in Carlton the “harsh and oppressive” standard is the same as the “‘prohibition against arbitrary and irrational legislation’ that applies generally to enactments in the sphere of economic policy.” Id. (quoting Pension Benefit Guar. Corp. v. R.A. Gray & Co., 467 U.S. 717, 733 (1984)). Therefore, retroactive tax provisions will be upheld if they are supported by a “legitimate legislative purpose furthered by rational means”. Id. at 30-31. We understand petitioner’s frustration because she complied with the requirements of section 32(c)(3) as they existed when she filed her Federal income tax returns for 1995 and 1996, and we are particularly sympathetic to her position. However, we are compelled to follow our recent opinion in Sutherland v. Commissioner, T.C. Memo. 2001-8. In that case, this Court concluded that the 1998 retroactive amendment of section 32(c)(3) was a clarification of existing law and upheld it as constitutional. Accordingly, for the reasons set forth in Sutherland, we sustain respondent’s determination. IfPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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