- 68 - The Housing Authority did not benefit from the misuse of the Bond proceeds. The majority, however, would attribute the shenanigans of the wrongdoers to the Housing Authority; I would not. The development of the arbitrage provisions shows that Congress sought to prevent States and their subdivisions from misusing their tax-exempt privileges by issuing low-yielding bonds and thereafter investing the bond proceeds into higher-yielding instruments. There is no indication that Congress would require States or local governments to rebate amounts that they never authorized or received. In 1969, when Congress enacted the section 103 provisions removing arbitrage bonds from tax-exempt status, the Senate Finance Committee explained that it did so to ensure that the Federal Government does not become "an unintended source of revenue for State and local governments". S. Rept. 91-522, supra at 219, 1969- 3 C.B. at 562. Concerns later developed, however, that unwary purchasers of tax-exempt bonds might be taxed upon the interest 4(...continued) In this case, the black box structure was corrupted by the use of Unified, a shell entity, instead of a bona fide financial institution that was supposed to be both the depository of the bond proceeds and the buyer (from separate funds) of the project mortgage from the L/C provider. Because Unified had no substantial capital of its own, it used the Bond proceeds to buy the project mortgage; and via this route, the Bond proceeds were invested in the GIC's. Unified improperly used the Bond proceeds to purchase the GIC's, causing the Commissioner to assert that the Bonds are to be treated as arbitrage bonds pursuant to the provisions of sec. 148(f). Hence, the central failure in this case was the improper use of the Bond proceeds by Unified to purchase the GIC's.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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