Year in Review: Tax Retroactivity

Overview


Peter Faber commented on his amicus brief for the American College of Tax Counsel, which urged the Supreme Court to review Dot Foods Inc. v. Washington Department of Revenue on the grounds that state courts are misapplying US v. Carlton to justify retroactive tax legislation. If the standard articulated by the Washington Supreme Court in Dot Foods is a correct statement of the law, legislatures have a blank check to impose retroactive tax increases, Mr. Faber wrote.