- 11 - Our conclusion that application of the amended version of section 104 is permissible rests on two principal considerations. First, to the extent that the test of Landgraf v. USI Film Prods., supra, is pertinent in the context of tax legislation, a point we do not reach, the rubric set forth therein supports application of the revised statute. Second, application of amended section 104 is likewise consistent with the standard for retroactivity of tax laws expressly described in United States v. Carlton, 512 U.S. 26 (1994). In Landgraf v. USI Film Prods., supra at 280, 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. In the words of the Court of Appeals for the Fifth Circuit, to which appeal in the instant case would normally lie, “we must first determine whether Congress has clearlyPage: 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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