- 17 - months); United States v. Hudson, 299 U.S. 498 (1937) (upholding 1- month retroactive application); Quarty v. United States, 170 F.3d 961 (9th Cir. 1999) (upholding 8-month retroactive application); Kitt v. United States, ___ Fed. Cl. ___ (Oct. 6, 2000) (upholding 1- year retroactive application); NationsBank v. United States, 44 Fed. Cl. 661, 666 (1999) (upholding 5-month retroactive application). In other instances, even a period of several years has passed muster. See, e.g., Licari v. Commissioner, 946 F.2d 690 (9th Cir. 1991) (upholding application of tax penalty passed in 1986 to returns filed between 1982 and 1984), affg. T.C. Memo. 1990-4; Canisius College v. United States, supra (upholding 4-year retroactive application); Temple University v. United States, supra at 134-135 (upholding 4-year retroactive application); Rocanova v. United States, 955 F. Supp. 27 (S.D.N.Y. 1996) (upholding retroactive application of amendment extending statute of limitations on tax collection actions from 6 to 10 years), affd. per curiam 109 F.3d 127 (2d Cir. 1997). Clearly, some retroactivity is necessary as a practical matter. Petitioner disputes the application of this amendment to her 1997 tax year, approximately a 1-year period. The 1-year period of retroactivity as applicable to petitioner is reasonable, is within precedential limits, and lends support to the constitutionality of the 1998 amendment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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