- 63 - question the validity of its purported issuance of bonds. As the Court of Appeals for the District of Columbia Circuit said in Washington v. Commissioner, 692 F.2d at 137: Still, states and municipalities should be chary in their issuance of tax-free bonds and their subsequent reinvestment of the proceeds. It is a fundamental principle of state and municipal bond law that the issuing body must have a legitimate, independent purpose to sell debt instruments in order to raise moneys. L. Jones, THE LAW OF BONDS AND BOND SECURITIES �12 (1950). If no such purpose exists, the issuance would be violative of local law, and should not qualify for the tax exemption that Section 103 provides for validly issued municipal and state bonds. * * * The steps in the analysis would be along the following lines: 1. The bonds were sold to the public as the Housing Authority's revenue bonds, based on representations that the proceeds would be used to finance construction of the housing projects. 2. Because the obligations on the bonds were nonrecourse to the Housing Authority, the primary sources of payment of the bond obligations were to be the housing projects and the income streams that the projects were expected to generate. 3. Contrary to the conception underlying a properly structured "black box" scheme,4 the proceeds of the bond offerings were irrevocably diverted from the projects on the day 4I have my doubts about the efficaciousness of the "black box" scheme, but, under the facts of the purported bond issues of the Riverside Housing Authority, that question need not detain us in other cases in which the bond proceeds were diverted in similar fashion.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
Last modified: May 25, 2011