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Re: DewDiligence post# 113796

Tuesday, 02/01/2011 1:21:38 PM

Tuesday, February 01, 2011 1:21:38 PM

Post# of 252996

What about the fiscal year of a given company that encompasses the date when ObamaCare is formally rescinded? Are you implying that the ObamaCare fees will be pro-rated to apply to only the portion of the FY prior to the change?



Dew,

You got to my response too quickly. I thought through it a bit more and decided to delete that last portion of my post. There are issues such as fines previously paid under a statute later found unconstitutional. So I am going to think through that issue. In most cases what I said would be correct, and the law will not be retroactively repealed, but it does raise an interesting issue, and with the big dollars at stake here, that is meat for another lawsuit.

So the last post has been revised, with the P.S. portion removed.

Tinker
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