- 30 - and, presumably, did not intend that the Bond proceeds be used to purchase the GIC's, the GIC's were in fact purchased with the proceeds of the Bonds and committed to provide funds for the repayment of principal and interest on the Bonds rather than for the governmental purpose of constructing multifamily housing. Thus, the GIC's fall within the statutory definition of nonpurpose investments. Next, we must determine whether there was an amount earned on the nonpurpose investments that exceeded the amount that would have been earned if the nonpurpose investments had been invested at a rate equal to the yield on the Bond issues (hereinafter sometimes referred to as the excess amount). Sec. 148(f)(2).12 An amount earned within the meaning of section 148(f)(2) is an amount actually or constructively received by the bond issuer from the nonpurpose investment. See secs. 1.148-2(b)(2)(i), 1.148-8(d)(5), Income Tax Regs.13 Here, the amounts earned on 12Sec. 148(f)(4) contains special rules for applying par. (2). Petitioners make no claim that these special rules require any modification to the computation of the excess amount defined in sec. 148(f)(2), and we find nothing in par. (4) that would modify the literal application of par. (2) to the facts in this case. 13Sec. 1.148-2(b)(2)(i), Income Tax Regs., provides: The term "receipt" means, with respect to an investment allocated to an issue, any amount actually or constructively received with respect to the investment. Except as provided in � 1.148-4(c)(3), receipts are not reduced by selling commissions, administrative expenses, or similar expenses. * * * (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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