- 55 - all the proceeds of the Whitewater and Ironwood bonds were to be used for residential rental property. While the phrase in section 103(b)(4) is "are to be used," the statutory sentence does not stop there but sets forth low- income residence requirements that must be met "at all times during the qualified project period". Thus, compliance requires examination of actual events occurring after the issue date. It would be illogical to suggest that expectations controlled until the units were occupied, and that thereafter actual events would control. Such a reading would put a party that never tried to build the residential rental project in a better position than a party who built the project but inadvertently failed to satisfy the low-income requirements. Under section 1.103-8(b)(6)(ii) and (iii), Income Tax Regs. (the 1979 reg.), issuers are permitted a reasonable period of time to correct noncompliance. Section 1.103-8(b)(6)(i) and (9), Income Tax Regs. (the 1979 reg.), makes clear that satisfaction of the residential rental property exception of section 103(b)(4)(A) requires more than just a good faith hope or assumption that the proceeds of a bond issue will be properly applied. Section 1.103-8(b)(6)(i), Income Tax Regs. (the 1979 reg.), provides that a post-issuance nonconforming change will vitiate the exemption--retroactive to the original issue date--unless corrected within a reasonable time. Examples (4) and (5) of section 1.103-8(b)(9), Income Tax Regs. (the 1979 reg.), illustrate this rule.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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