- 54 - section 103(b)(2) of the 1954 Code, on the ground that the proceeds of both issues were "to be used directly . . . in any trade or business carried on by any person who is not an exempt person." The only dispute on this issue is whether the bonds qualified under section 103(b)(4)(A), which provides that an industrial development bond will not be taxable under section 103(b)(1) if it is part of an issue "substantially all of the proceeds of which are to be used to provide" (emphasis added) various exempt facilities. The question is the meaning of the phrase "are to be used". Both the Whitewater and the Ironwood issues were industrial development bonds under section 103(b)(2) because the proceeds were to be lent to private, for-profit developers for the purpose of constructing apartment projects to be used in a private trade or business, and repayment of the bonds was to be secured, directly or indirectly, by the apartment projects and the income they produced. Although the documents provided that the Whitewater bonds and the Ironwood bonds were to fund the construction of residential rental properties that would meet the 20 percent low-income set-aside requirements of section 103(b)(4)(A)(ii),2 what is in dispute is whether substantially 2Respondent concedes that the Ironwood project met the low- income set-aside requirements of sec. 103(b)(4)(A)(ii).Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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