- 36 - result, we held that the costs of issuing the bonds, including underwriting costs, should be taken into account in determining the existence of arbitrage. The Court of Appeals for the District of Columbia Circuit affirmed. In 1986, when Congress enacted section 148, it specifically reversed Washington v. Commissioner, supra. The bill provides that, under all arbitrage restrictions applicable to tax-exempt bonds, the yield on an issue is determined based on the issue price, taking into account the Code rules on original issue discount and discounts on debt instruments issued for property (secs. 1273 and 1274). This amendment reverses the holding in the case State of Washington v. Commissioner, supra. [S. Rept. 99-313, at 845 (1986), 1986-3 C.B. (Vol. 3) 1, 845.] The Committee explained the reason for this change as follows: The committee believes it is important for issuers of tax-exempt bonds to pay the costs associated with their borrowing. The bill provides that the costs of issuance, including attorneys' fees and underwriters' commissions, must be paid by the issuers or beneficiaries of the bonds, rather than recovered through arbitrage profits at the Federal Government's expense. The committee believes that this restriction will result in a more efficient use of tax-exempt financing, as borrowers will more closely monitor the costs of their borrowing. However, the committee intends to monitor the effect of these provisions to determine whether further restrictions on costs such as attorneys' fees and underwriters' commissions are needed. [S. Rept. 99-313, supra at 828, 1986-3 C.B. (Vol. 3) at 828.] From this, it is clear that when Congress enacted section 148, it did not want to permit the investment of tax-exempt bond proceeds in higher yielding investments, the income from which would bePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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