- 43 - issue. Petitioners may be, as they allege, the first bondholders to be taxed upon interest received from purportedly tax-exempt bonds that fail to meet the requirements for tax exemption. However, that does not mean that they have been targets of impermissible discrimination.21 Finally, we realize that under our holding, it is the bondholders, rather than the bond issuer, that bear the immediate brunt of the issuer's failure to pay the amount required by section 148(f)(2). However, the statutory exemption from Federal tax for interest on State and local government bonds is conditioned on the requirement that the bond issuer pay the amount required by section 148(f)(2), and exclusions from taxable income are to be narrowly construed. Commissioner v. Schleier, 21Petitioners rely on International Business Machines Corp. v. United States, 170 Ct. Cl. 357, 343 F.2d 914 (1965), to support their claim of discrimination. In that case, one of IBM's competitors had obtained a ruling from the Commissioner that certain equipment was exempt from an excise tax. IBM sought a similar ruling for similar equipment, which the Commissioner finally denied 2 years later. At the time of the denial, the Commissioner prospectively revoked the favorable ruling that IBM's competitor had received, but the competitor had already enjoyed several years of favorable tax treatment. The Court of Claims found that this course of conduct constituted "manifest and unjustifiable discrimination", and its effect "was to favor the other competitor so sharply that fairness called upon the Commissioner, if he could under Section 7805(b), to establish a greater measure of equality." 343 F.2d at 923. We find that the present case is distinguishable from IBM. The present case does not involve a determination by the Commissioner, which has the effect of penalizing petitioners and favoring similarly situated taxpayers so as to give them a significant competitive or financial advantage.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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