Harbor Bancorp & Subsidiaries - Page 37

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          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.  * * *                                              



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