Harbor Bancorp & Subsidiaries - Page 41

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          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.                                                               



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