- 37 - used to recover costs associated with the bond issue. In the instant case, that is exactly what happened. When all the smoke had cleared, the underwriters, bankers, and attorneys had received substantial amounts from the Bonds' proceeds, and the repayment of those Bonds had been secured by the purchase of the GIC's. The relatively small amount left was insufficient to accomplish the governmental purpose of the bonds. Petitioners next argue that section 148(f) should not apply when the governmental issuer of the bonds did not intend that the bond proceeds be invested in higher yielding, nonpurpose obligations. However, the literal provisions of section 148(f)(1) and (2) make no reference to the issuer's intent. Rather, the language of section 148(f)(2) is computational in nature and unambiguous.18 18There is no need to resort to legislative history, unless the statutory language is ambiguous. In Hubbard v. United States, 514 U.S. , , , 115 S. Ct. 1754, 1759, 1761 (1995), the Supreme Court recently stated: In the ordinary case, absent any "indication that doing so would frustrate Congress's clear intention or yield patent absurdity, our obligation is to apply the statute as Congress wrote it." BFP v. Resolution Trust Corp., 511 U.S. (1994) (SOUTER, J., dissenting). * * * * * * * Courts should not rely on inconclusive statutory history as a basis for refusing to give effect to the plain language of an Act of Congress, particularly when the Legislature has specifically defined the controverted term. * * *Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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