- 38 - The statutory context of section 148(f) also supports a literal application of its terms. The general definition of an "arbitrage bond" is contained in section 103(c)(2). An "arbitrage bond", within the meaning of that section, is one that the issuer "reasonably expected" to produce arbitrage. If an issuer "reasonably expected" to earn arbitrage with bond proceeds, the bonds are not tax exempt. Section 148(f) is an additional arbitrage restriction. It was intended to restrict arbitrage even further than the historic reasonable expectation test. In its explanation of the new section 148(f) provisions, the Senate Finance Committee report states: The bill generally extends to all tax-exempt bonds (including refunding issues) additional arbitrage restrictions similar to those presently applicable to most IDBs and to qualified mortgage bonds. These restrictions, requiring the rebate of certain arbitrage profits and limiting investment of bond proceeds in nonpurpose obligations, are in addition to the general arbitrage restrictions for all tax-exempt bonds. [S. Rept. 99-313, supra at 845, 1986-3 C.B. (Vol. 3) at 845; emphasis added.] See also H. Rept. 99-426 (1985), 1986-3 C.B. (Vol. 2) 1, 555. There is no indication in the statute or legislative history that Congress wanted to limit section 148(f) to situations where the issuer intended, or reasonably expected, to earn arbitrage. Were we to superimpose an intent requirement onto section 148(f), that section would become redundant. Section 103(c) already defined arbitrage bonds as those whose proceeds the issuer reasonably expected, at the time of issue, would be usedPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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