- 66 - Ultimately, I would hold that the interest on the Bonds is excludable from gross income under section 103(a). Section 103(a) provides that a taxpayer's gross income does not include interest earned on the obligations of a State or a political subdivision of a State. This exemption has been a feature of the Internal Revenue Code ever since the Federal income tax was adopted in 1913. S. Rept. 91-552, at 219 (1969), 1969-3 C.B. 423, 562. The purpose of this exemption is to assist State and local governments by allowing them to issue marketable bonds at interest rates below those of corporate and Federal securities. See, e.g., State of Washington v. Commissioner, 77 T.C. 656 (1981), affd. 692 F.2d 128 (D.C. Cir. 1982); 113 Cong. Rec. 31,611 (daily ed. Nov. 8, 1967) (statement of Senator Ribicoff). 2(...continued) substantially all of the proceeds are to be used to construct residential rental property where 20 percent or more of the units in each project are to be occupied by individuals of low or moderate income. Such obligations are referred to in the body of this dissent as nontaxable industrial development bonds. Pursuant to sec. 1.103-8(b)(6)(iii), Income Tax Regs., the "substantially all" requirements of sec. 103(b)(4) do not apply to a project in the event of "involuntary noncompliance", provided the obligation used to provide financing for the project is retired within a reasonable period. In my opinion, the Bonds satisfied the "substantially all" requirements of sec. 1.103- 8(b)(6)(iii), Income Tax Regs., because the Whitewater and Ironwood projects were not constructed due to "involuntary noncompliance" on the part of the Housing Authority of Riverside County. Further, because the Bond proceeds were improperly locked into GIC's, the term of the GIC's determined when the Bonds could be retired. Morever, with respect to the Whitewater bonds, I would hold that their issuance satisfied the reasonable public notice requirements of sec. 103(k)(2)(B)(i).Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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