Gavin Polone - Page 54

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          inclusion or exclusion from income of amounts received before its           
          effective date.                                                             
               Even if post-SBJPA section were retroactive, it would not              
          run afoul of the standard for retroactivity of tax laws.  In                
          Landgraf v. USI Film Prods., 511 U.S. 244, 280 (1994), the                  
          Supreme Court stated the following rule:                                    
                    When a case implicates a federal statute enacted                  
               after the events in suit, the court’s first task is to                 
               determine whether Congress has expressly prescribed the                
               statute’s proper reach.  If Congress has done so, of                   
               course, there is no need to resort to judicial default                 
               rules.  When, however, the statute contains no such                    
               express command, the court must determine whether the                  
               new statute would have retroactive effect, i.e.,                       
               whether it would impair rights a party possessed when                  
               he acted, increase a party’s liability for past                        
               conduct, or impose new duties with respect to                          
               transactions already completed.  If the statute would                  
               operate retroactively, our traditional presumption                     
               teaches that it does not govern absent clear                           
               congressional intent favoring such a result.                           
          Hence, the threshold question is whether Congress expressly                 
          provided that the disputed statute should apply retroactively or            
          prospectively.                                                              
               While the Supreme Court has indicated that “A statement that           
          a statute will become effective on a certain date does not even             
          arguably suggest that it has any application to conduct that                
          occurred at an earlier date”, Landgraf v. USI Film Prods., id. at           
          257, the text of SBJPA section 1605(d)(1) constitutes markedly              
          more than “the mere promulgation of an effective date”, INS v.              
          St. Cyr, 533 U.S. 289, 317 (2001).  SBJPA section 1605(d)(1) does           
          not just state when the law is to take effect.  Rather, the                 





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