- 15 - There is no question that petitioner's purpose in prepaying the City Obligation was to profit from the discount offered by the State Fund.5 The fact that it would profit from the discount if the interest on the proposed bonds were taxable does not negate the fact that such profit would be greater if such interest was exempt from tax under section 103(a). Nor does the fact that the issuance of taxable bonds would also be advantageous turn the purpose of the proposed issue on a nontaxable basis from a principal to a subsidiary purpose. Such a view would emasculate the arbitrage restrictions of section 148 whenever a financial advantage of a bond issue could be obtained whether the interest on the bonds was taxable or nontaxable. In this connection, we think it significant that the regulation speaks in terms of "a" and not "the" principal purpose. Santa Fe Pacific v. Central States Pension Fund, 22 F.3d 725, 727 (7th Cir. 1994). In its application for the ruling, petitioner stated: [O]ne of the principal governmental purposes for issuing the BANs, and for issuing the Proposed Bonds * * * was to achieve an economic benefit represented by a present value debt service savings with respect to the City Obligation. That debt service savings was made possible in part because of the ability of the City to pay off the City Obligation at the amount provided for in the Payoff Agreement, i.e. 65% of the principal balance of the City's employer's accrued liability, plus accrued interest through January 31, 1994 at 4.25%.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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