- 12 - prescribed the temporal reach” of the section, and, “If Congress has clearly expressed whether the statute should apply retroactively, the inquiry ends.” Ojeda-Terrazas v. Ashcroft, 290 F.3d 292, 297 (5th Cir. 2002). For purposes of finding such an unambiguous direction, the Supreme Court has further explained: “‘[C]ases where this Court has found truly “retroactive” effect adequately authorized by statute have involved statutory language that was so clear that it could sustain only one interpretation.’” INS v. St. Cyr, 533 U.S. 289, 316-317 (2001) (quoting Lindh v. Murphy, 521 U.S. 320, 328 n.4 (1997)). SBJPA section 1605, after setting forth in subsections (a) through (c) the amending language to be codified as part of section 104, provided as follows: (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to amounts received after the date of the enactment of this Act, in taxable years ending after such date. (2) Exception.--The amendments made by this section shall not apply to any amount received under a written binding agreement, court decree, or mediation award in effect on (or issued on or before) September 13, 1995. 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., supraPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011