from the discount offered by the State Fund. Held, further, to reflect the economic substance of the transaction, R may characterize the prepayment as the acquisition of property. Sec. 1.148-10(e), Income Tax Regs. Held, further, the prepayment constitutes investment-type property, sec. 148(b)(2), I.R.C., with a materially higher yield than the proposed bonds. Thus, interest on the proposed bonds will not be excludable from gross income under sec. 103(a), I.R.C. David L. Miller, Jerry O. Allen, and David A. Rogers, for petitioner. Rebecca L. Caldwell-Harrigal, Joel E. Helke, and Richard L. Carlisle, for respondent. OPINION TANNENWALD, Judge: This is an action for a declaratory judgment pursuant to section 7478 and Rule 211.1 On June 3, 1994, petitioner submitted a ruling request to respondent seeking a determination that interest on certain proposed bonds will be excludable from gross income under section 103(a). After administrative review, on December 5, 1994, respondent ruled that interest on the proposed bonds will not be excludable under section 103(a) on the grounds that the bonds would be arbitrage and/or hedge bonds within the meaning of sections 148 and 149(g), respectively. All of the jurisdictional requirements for a declaratory judgment action have been satisfied. Rule 210(c). All statutory references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011