- 10 - 1984.4 According to petitioner, “Based on the tax incentives in place at that time, Petitioner reasonably expected that he would be allowed to deduct tax losses from the Partnership” and “would not have made the investment if he knew that the losses from the project could not be offset against his compensation and portfo- lio income, since in that case, there would be no economic return from the investment.” Petitioner maintains that he was “induced to make an investment based upon the prior set of tax rules deliberately enacted by Congress to induce such investment.” From those premises, petitioner argues that section 469 is retroactive and that such retroactivity is unconstitutional because it violates the Due Process Clause. Before considering petitioner’s argument that section 469 is unconstitutionally retroactive, we note that the grounds on which petitioner relies to support that argument are similar to the grounds on which the taxpayer relied in United States v. Carlton, 512 U.S. 26 (1994), to support his argument that the tax statute involved there was unconstitutionally retroactive. In Carlton, the taxpayer, the executor of an estate, maintained that the retroactive amendment of a Federal estate tax provision (section 4With respect to petitioner’s contention that he made his investment in Aldus Green in 1984, respondent states on brief: “We note that petitioner offered no evidence that his investment in AGC [Aldus Green] actually was made two years before the enactment of sec. 469, nor was the date of his investment in AGC contained in the Stipulation of Facts filed in this case.”Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007