- 10 - inapplicable to any arbitrage bond within the meaning of section 148. Sec. 103(b). An arbitrage bond is defined in section 148(a) as follows: (a) Arbitrage Bond Defined.--For purposes of section 103, the term "arbitrage bond" means any bond issued as part of an issue any portion of the proceeds of which are reasonably expected (at the time of issuance of the bond) to be used directly or indirectly-- (1) to acquire higher yielding investments * * * For purposes of this subsection, a bond shall be treated as an arbitrage bond if the issuer intentionally uses any portion of the proceeds of the issue of which such bond is a part in a manner described in paragraph (1) * * *. A higher yielding investment is "any investment property which produces a yield over the term of the issue which is materially higher than the yield on the issue." Sec. 148(b)(1). Section 148(b)(2) provides in pertinent part: (2) Investment property.--The term "investment property" means-- (A) any security (within the meaning of section 165(g)(2)(A) or (B)), (B) any obligation, (C) any annuity contract, (D) any investment-type property * * * The legislative purpose in enacting these provisions is reflected in the following statement in the report of the HousePage: 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