- 40 - The regulations under section 148(f) are consistent with the statute and legislative history in that they are mechanical in nature and require no reference to the issuer's intent or expectations. The section 148(f)(2) amount is defined as the excess of the future value of all nonpurpose receipts over the future value of all nonpurpose payments. Sec. 1.148-2(a), Income Tax Regs. "Receipts" are defined broadly to include any amount actually or constructively received with respect to the investment as well as the fair market value of the investment at the end of a computation period. Sec. 1.148-2(b)(2)(i), (iii), Income Tax Regs. "Payments" are also defined broadly and include the amount of gross proceeds of the issue to which the investment is allocated, whether or not the investment was directly purchased with such gross proceeds. Sec. 1.148-2(b)(3)(i) and (ii), Income Tax Regs. If the receipts exceed the payments, there is an amount that must be paid to the United States in order to avoid treatment as an arbitrage bond. It is clear that the investments in the GIC's earned a higher rate of return than the yield on the Bonds. This produced an excess amount within the meaning of section 148(f)(2). It is also clear that some of the excess was used for purposes that Congress did not want to subsidize through Federal tax exemptions. Congress provided that the exempt status of such bonds could be maintained only if the issuer paid the excess amount as defined in section 148(f)(2) to the United States.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011