- 18 - or 16.07 percent, made a prepayment on substantially similar terms. Petitioner cites various instances where the term "substantial" refers to percentages of 5 to 15 percent, including section 1.103-11(b), Income Tax Regs. (5 percent); section 1.148- 2(e)(2)(B), Income Tax Regs. (5 percent); section 6662(d)(1) (10 percent); and section 147(c)(2)(E) (15 percent). Elsewhere, the term refers to percentages as high as 25 percent, section 42(d)(2)(D)(i)(III); section 6229(c)(2), and 33 percent, section 382(l)(4)(B)(i). Clearly, the term "substantial" can cover a wide range of values.6 Where Congress meant only to allow customary prepayments, we do not find that 16.07 percent is a substantial percentage. Thus, the prepayment herein does not satisfy the exception, and the prepayment of the City Obligation with the proceeds of the BAN's constitutes the acquisition of investment- type property. Moreover, we are not convinced that Congress intended that the exception should apply where, as is the case herein, the only offerees of the prepayment opportunity were entities who were beneficiaries of tax-exempt financing rather than to a class of offerees that included some of these beneficiaries. If this were the standard for the application of See Nabisco Brands, Inc. v. Commissioner, T.C. Memo. 1995-127 at n.22.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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