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ON DEMAND: Tax Audits and Litigation Series: The Retroactivity of Tax Legislation: Are There Limits?
The Supreme Court “repeatedly has upheld retroactive tax legislation” against due process challenges. United States v. Carlton, 512 U.S. 26, 30 (1994). But what are the limits on Congress’s ability to enact retroactive tax legislation? This panel will explore those limits. Relatedly, we will examine the limits (under I.R.C. § 7805(b)) on the Treasury Department’s ability to apply regulations and other rules retroactively and discuss how those limits may be implicated in recent and current rulemaking.
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Sponsored by:Tax Audits and Litigation Committee of the D.C. Bar Taxation Community
Speakers:
Adam Feinberg, Member, Miller & Chevalier Chartered