- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011