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www.bna.com — With much uncertainty for taxpayers in the field of retroactive application of tax laws, and many courts siding with the tax administrators, one taxpayer in Florida recently scored a victory in the retroactivity realm (Stanburg v. Panama Commons LP, No. 1D14-1671 (Fla. Dist. Ct. App. April 8, 2015).
Because the U.S. Supreme Court’s decision in U.S. v. Carlton, 512 U.S. 26 (1994) set an extremely deferential legislative-purpose standard, under which states can justify retroactivity on such vague rationales as “preserving revenue,” the taxpayer’s win here is noteworthy, especially because of the very short retroactivity period of less than one year.
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