Harbor Bancorp & Subsidiaries - Page 3

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          Edward J. and Elena Keith                                                   
              docket No. 5857-93                                                      
          Year     Deficiency                                                         
          1989      $14,709                                                           
          1990       18,521                                                           
          1991       14,840                                                           

               These consolidated cases are test cases that involve the               
          Commissioner's attempt to tax interest received on two                      
          multifamily housing revenue bonds (the Bonds) issued by the                 
          Housing Authority of the County of Riverside, California (the               
          Housing Authority).  The ultimate issue for decision is whether             
          interest on the Bonds is excludable from gross income under                 
          section 103(a).  This, in turn, will depend on the applicability            
          of section 148(f).  References to section 103 are to that section           
          of the Internal Revenue Code of 1954,1 as amended, and references           
          to section 148 are to that section of the Internal Revenue Code             
          of 1986.2                                                                   
               Some of the facts have been stipulated and are found                   
          accordingly.  The stipulations of fact and attached exhibits are            

               1We apply sec. 103 of the 1954 Code as in effect for Feb.              
          20, 1986, instead of the 1986 Code, because (1) sec. 1301 of the            
          Tax Reform Act of 1986 (TRA), Pub. L. 99-514, 100 Stat. 2085,               
          2602, which amended sec. 103, became effective for bonds issued             
          after Aug. 15, 1986, TRA sec. 1311(a), 100 Stat. 2659, and (2)              
          the bonds we deal with were issued before that date.                        
               2We apply sec. 148(f) of the 1986 Code, because (1) TRA sec.           
          1314(d)(1), 100 Stat. 2664, provides that sec. 103 of the 1954              
          Code shall be treated as including the requirements of sec.                 
          148(f) of the 1986 Code for bonds issued after Dec. 31, 1985, and           
          (2) we conclude, infra, that the bonds we deal with were issued             
          after that date.                                                            



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