- 28 - of the bond issue. Sec. 148(f)(6)(B); sec. 1.148-8(d)(1)-(5), Income Tax Regs. The Whitewater and Ironwood GIC's were acquired with the gross proceeds of the Whitewater and Ironwood bond issues, respectively. These proceeds were first placed in developer loan fund accounts and then transferred to Unified. Unified then transferred most of these proceeds to the MCFC entities, which, in turn, used them to purchase the GIC's. Following the flow of funds on February 20, 1986, it is clear that $16,110,817.98 of Whitewater bond proceeds and $11,047,408.05 of Ironwood bond proceeds were expended to acquire the GIC's. The governmental purpose for the issuance of the Whitewater and Ironwood bonds was the construction of low- and moderate-income multifamily housing projects. The GIC's were not acquired to carry out this governmental purpose. Accordingly, the GIC's constituted nonpurpose investments within the meaning of section 148(f)(6)(A). Petitioners argue that the GIC's do not constitute nonpurpose investments, because neither the Housing Authority nor the developer made an "investment decision". Petitioners ask this Court to construe the meaning of "nonpurpose investment" to exclude any unauthorized investment.10 However, the statute does 10Petitioners also argue that the Treasury's regulation defining "nonpurpose investment" is invalid, because the definition therein is broader than the definition in the statute. We fail to see a significant difference in the definitions. Sec. (continued...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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