- 53 - the defamation agreement was a cash equivalent--i.e., that it was assignable or contained a promise to pay that was frequently transferred to lenders or investors at not substantially greater than the generally prevailing premium for the use of money. Cowden v. Commissioner, 289 F.2d 20 (5th Cir. 1961), revg. 32 T.C. 853 (1959). We also note that UTA was unwilling to pay the entire $4 million as a lump sum “up front”. See Jombo v. Commissioner, T.C. Memo. 2002-273. 2. Constitutionality of Section 104 Petitioner’s second argument is that post-SBJPA section 104 is unconstitutional because it is retroactive and violates due process. Post-SBJPA section 104 is not retroactive. Venable v. Commissioner, T.C. Memo. 2003-240 n.1. SBJPA section 1605(d)(1) provides that the amendments made by SBJPA section 1605 shall apply to amounts received after the date of the enactment of the SBJPA, in taxable years ending after such date. SBJPA section 1605(d)(2) provided an exception to this rule for amounts received under a written binding agreement, court decree, or mediation award in effect (or issued on or before) September 13, 1995. Accordingly, post-SBJPA section 104 applies only to amounts received after its effective date; it does not affect the 29(...continued) the settlement agreements.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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