- 62 - better assurance that they would receive interest and principal payments, as originally scheduled, through the security of the GIC's. Even if such had been the case, the security so created must be at the price of the loss of the tax exemption for the interest on the bonds. III. Although I accept the stipulations of the parties and the findings of the trier of fact, as adopted by the majority in the case at hand, I'm impelled to raise a question that may be germane to other pending cases. If the failures in other cases of the purported government issuers to supervise the receipt and disposition of bond proceeds were as egregious as they were in the case at hand, the question that may arise in such other cases is whether the bonds were ever issued or validly issued by the local governments or authorities. In the case at hand, it might well have been concluded that the Riverside Housing Authority was so out of the loop that, under step transaction principles, the bond holders were the recipients of nothing more than the obligations of Crown Life Insurance Co. or of undivided interests in the GIC's--taxable obligations of a private issuer--that were purchased with the bond proceeds for their benefit. The Housing Authority was so lax in failing to see to it that the proceeds were used for the intended purpose as to raise the question whether the Housing Authority actually had any such purpose, thereby calling intoPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011