City of Columbus, Ohio - Page 17

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          the source to which the prepayment applied was the acquisition of           
          the obligation of the State Fund and controls the character of              
          the transaction.  Cf. Woodward v. Commissioner, 397 U.S. 572                
          (1970) (articulating the "origin of the claim" test).  Thus, we             
          conclude that the prepayment was for property and consequently we           
          turn to the question whether it was "investment property".  On              
          this point, the parties have locked horns on whether the                    
          prepayment falls within the ambit of "investment-type property"             
          within the meaning of section 1.148-1(b), Income Tax Regs., supra           
          p. 12.                                                                      
               Petitioner argues that the prepayment is not investment-type           
          property because it satisfies the latter of the two exceptions in           
          the regulations, namely a prepayment is not investment-type                 
          property if prepayments on substantially the same terms are made            
          by a substantial percentage of persons who are similarly situated           
          but who are not beneficiaries of tax-exempt financing.  The                 
          regulation does not define a substantial percentage.                        
               As of October 20, 1993, when the State Fund offered the                
          discount for prepayment, there were 224 municipalities with                 
          obligations to the State Fund.  As of December 14, 1995, 36                 
          municipalities had prepaid at the 35-percent discount.  It is               
          represented that none of the 35 municipalities, excluding                   
          petitioner, utilized the benefit of tax-exempt financing with               
          respect to their prepayments.  In sum, 36 of 224 municipalities,            




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