- 41 - Here, the issuer has thus far refused to pay that amount. Accordingly, we hold that the Whitewater and the Ironwood bonds are to be treated as arbitrage bonds pursuant to section 148(f) and that the interest earned thereon is includable in petitioners' income.19 Because we have determined that the Bonds are to be treated as arbitrage bonds under section 148(f), we must address some of the other arguments advanced by petitioners. Petitioners contend that respondent lacks the authority to tax the bondholders, and that her sole remedy is to disqualify the issuer from certifying the nonarbitrage status of its tax-exempt bonds in the future under section 1.103-13(a)(2)(iv), Income Tax Regs. The regulation cited by petitioners neither states nor implies such a proposition. Petitioners have cited no authority to show why the decertification remedy is inconsistent with the Commissioner's concurrent duty to collect income taxes on interest from bonds that are not exempt from tax under section 103. See secs. 6212, 7601. It is not uncommon for the Commissioner to have a variety of ways to carry out her duties. See, e.g., Pesch v. Commissioner, 78 T.C. 100, 117-118 (1982). 19The parties addressed the following additional issues on brief: (1) Whether the Bonds are arbitrage bonds within the meaning of sec. 103(c)(2); (2) whether the Bonds are taxable industrial development bonds within the meaning of sec. 103(b); and (3) with respect to one of the involved bond issues, whether the public approval requirement set forth in sec. 103(k) was satisfied. However, because we hold that the Bonds are to be treated as arbitrage bonds under sec. 148(f), we need not decide these issues.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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