- 54 - 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, thePage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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