Exactly!
They transferred assets before the bills were passed meaning even if it was passed congress wouldn't be able to retroactively change it because the transfer for direct ownership already occurred.
Date of "proposed" bill: April 2009.
Date of transfer: June 2009 or earlier.
Immediately he saw the proposed bill, he transferred the stocks to himself for direct ownership. No doubt all the other mutual/hedge fund managers from Stevie Cohen's SAC Capital to William Ackman's Pershing Square, George Soros, Carl Icahn, and countless of other managers listed there have already done this.
http://www.gurufocus.com/ListGuru.php
Once the law is passed, congress can't say psst: the stocks you transferred to yourself a year or 2 years ago, you need to pay it as ordinary income because it wasn't law when the transfer happened and what he did was certainly legal for that tax year.
I'm not aware of congress passing a law retroactively like that. If they could, they would have something about the millions of dollars in bonuses Kenneth Feinberg allowed to be awarded AIG executives after they were bailed out and became 80% owned by the government.
The only solution I've seen so far is to treat taxes from all sources at the same rate and remove the SS cap income tax limits.
The law specifically targets partnerships and also does not stop CEO's from Google, Apple, Citigroup(doesn't the gov't still own a stake?) and many others from collecting a $1 salary and paying themselves millions in stock options getting a 15% cap gains rate on the difference when they sell and avoids them from paying FICA taxes on the gains.