- 24 - Section 148(f) was enacted by the Tax Reform Act of 1986, and it is applicable to bonds issued after December 31, 1985. Tax Reform Act of 1986, Pub. L. 99-514, sec. 1314(d), 100 Stat. 2664.7 Thus, our initial determination must be whether the Bonds were issued on December 31, 1985, as petitioners contend, or on February 20, 1986, as respondent contends. This is a mixed question of fact and law, and we adopt the following analysis and findings of the trial judge regarding the date on which the Bonds were issued. "Date of issue" is defined in section 1.103-13(b)(6), Income Tax Regs., as the date on which there is a physical delivery of the evidences of indebtedness in exchange for the amount of the issue price. For example, obligations are issued when the issuer physically exchanges the obligations for the underwriter's (or other purchaser's) check.[8] 7TRA sec. 1314(d), 100 Stat. 2664, provides: Except as otherwise provided in this subsection, in the case of a bond issued after December 31, 1985, section 103 of the 1954 Code shall be treated as including the requirements of section 148(f) of the 1986 Code in order for section 103(a) of the 1954 Code to apply. 8Respondent insists that the proper definition of "issue date" for the Bonds involved here is that contained in sec. 1.150-1(c)(2), 57 Fed. Reg. 21032 (May 10, 1994), which provides: (2) Date of Issue. The date of issue of a bond is the first day on which there is physical delivery of the written evidence of the bond in exchange for the purchase price. Such day shall not be earlier than the first day on which interest begins to accrue on the (continued...)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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