Tarrant v. Department of Taxes

The Vermont Department of Taxes appeals a superior court decision holding that taxpayers Richard and Amy Tarrant are entitled to an income tax credit on their 1989 joint income tax return for their pro rata share of taxes paid by their S corporation to states that did not recognize the pass-through taxation treatment of such corporations. The Department contends the court erred by construing the newly enacted 32 V.S.A. § 5916, which explicitly disallows the *191credit at issue, as an amendment to 32 V.S.A. § 5825 rather than as a clarification of preexisting law. We affirm.

The parties stipulated…