- 56 -                                         
               formulation, however, does not differ from the                         
               prohibition against arbitrary and irrational                           
               legislation that applies generally to enactments in the                
               sphere of economic policy.  The due process standard to                
               be applied to tax statutes with retroactive effect,                    
               therefore, is the same as that generally applicable to                 
               retroactive economic legislation: * * * that burden is                 
               met simply by showing that the retroactive application                 
               of the legislation is itself justified by a rational                   
               legislative purpose.  [Id. at 30-31; internal                          
               quotations and citations omitted.]                                     
          The Supreme Court further noted:                                            
               “Taxation is neither a penalty imposed on the taxpayer                 
               nor a liability which he assumes by contract.  It is                   
               but a way of apportioning the cost of government among                 
               those who in some measure are privileged to enjoy its                  
               benefits and must bear its burdens.  Since no citizen                  
               enjoys immunity from that burden, its retroactive                      
               imposition does not necessarily infringe due process *                 
               * * ”  [Id. at 33 (quoting Welch v. Henry, 305 U.S.                    
               134, 146-147 (1938)).]                                                 
               In general, the raising of Government revenue is considered            
          a sufficient and legitimate legislative purpose for supporting a            
          “modest” period of retroactivity.  Id. at 32-33; id. at 37                  
          (O’Connor, J., concurring in judgment); NationsBank v. United               
          States, 269 F.3d 1332, 1337-1338 (Fed. Cir. 2002); Quarty v.                
          United States, 170 F.3d 961, 967 (9th Cir. 1999); Furlong v.                
          Commissioner, 36 F.3d 25, 27-28 (7th Cir. 1994), affg. T.C. Memo.           
          1993-191.  The principal exception to this reasoning discernible            
          from caselaw arises in scenarios involving imposition of a                  
          “wholly new tax”.  See United States v. Carlton, supra at 34;               
          Quarty v. United States, supra at 966-967; Furlong v.                       
          Commissioner, supra at 27; Wiggins v. Commissioner, 904 F.2d 311,           
          314 (5th Cir. 1990), affg. 92 T.C. 869 (1989).                              
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