Harbor Bancorp & Subsidiaries - Page 29

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          not provide such an exclusion.  Section 148(f)(6)(A) defines a              
          nonpurpose investment broadly to include any investment property            
          that is acquired with the gross proceeds of an issue, and is not            
          acquired to carry out the governmental purpose of the issue.11              
          While the Housing Authority did not directly purchase the GIC's             


          (...continued)                                                              
          148(f)(6)(A) defines "nonpurpose investment" as any investment              
          property that is acquired with the gross proceeds of an issue and           
          is not acquired to carry out the governmental purpose of the                
          issue.  Sec. 1.148-8(e)(9), Income Tax Regs., defines "nonpurpose           
          investment" as any investment that is not a purpose investment.             
          "Purpose investment" is defined as any investment that is                   
          allocated to the gross proceeds of an issue and that is acquired            
          to carry out the governmental purpose of the issue.  Sec. 1.148-            
          8(e)(10), Income Tax Regs.  In any event, we have relied upon the           
          statutory definition for purposes of our holding.                           
               11Sec. 148(f)(6) provides:                                             

               (6) Definitions.--For purposes of this subsection and                  
               subsections (c) and (d)--                                              
                    (A) Nonpurpose Investment.--The term "nonpurpose                  
               investment" means any investment property which--                      
                         (i) is acquired with the gross proceeds                      
                    of an issue, and                                                  
                         (ii) is not acquired in order to carry                       
                    out the governmental purpose of the issue.                        
                    (B) Gross proceeds.--Except as otherwise provided                 
               by the Secretary, the gross proceeds of an issue                       
          include--                                                                   
                         (i) amounts received (including                              
                    repayments of principal) as a result of                           
                    investing the original proceeds of the issue,                     
                    and                                                               
                         (ii) amounts to be used to pay debt                          
                    service on the issue.                                             



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Last modified: May 25, 2011