- 15 - acquisition or holding of the tax-exempt obligations.” Indian Trail Trading Post, Inc. v. Commissioner, supra at 500 (citations omitted). HEI, through the Investment Divisions, used the cash portion of the distribution to purchase tax-exempt obligations and domestic shares within weeks of receiving the funds and maintained a substantial portion of its investment portfolio in such investments for the years in issue. Accordingly, we find that the borrowed funds were used directly to purchase tax-exempt obligations and domestic shares and that sections 265(a)(2) and 246A apply. See Bradford v. Commissioner, supra at 258 ("Equally clearly, the deduction is not allowable if the proceeds of the borrowing are directly traceable to the purchase of tax-exempts." (Citations omitted.)). The facts that the borrowed funds were not used by Waldorf II to purchase tax-exempt obligations and Waldorf II had a purpose for incurring the 1987 indebtedness (to make a distribution to HEI) are simply not determinative in the affiliated group context before us. We are, thus, satisfied that, here, where the borrowing and distribution are all part of a preplanned sequence, the distributed funds are distributed to a parent corporation, and those funds are used to purchase tax- exempt obligations and domestic shares, the required purposive connection has been shown. Petitioner also argues that Waldorf II incurred the 1987 indebtedness in order to obtain more advantageous terms on its debt and to implement a new stock purchase plan for itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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