John R. Hernandez - Page 2

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          * This opinion supplements our previously filed Memorandum                  
          Findings of Fact and Opinion in Hernandez v. Commissioner, T.C.             
          Memo. 1998-46, filed Feb. 5, 1998.                                          
               gross income under sec. 1.103-1(b), Income Tax Regs.,                  
               which states:  "Certificates issued by a political                     
               subdivision for public improvements * * * which are                    
               evidence of special assessments * * * and which the                    
               political subdivision is required to enforce, are, for                 
               purposes of this section, obligations of the political                 
               subdivision".                                                          
                    Held:  The language at issue in sec. 1.103-1(b),                  
               Income Tax Regs., is restricted to special assessment                  
               obligations that are issued by a State or political                    
               subdivision in exercise of its sovereign borrowing                     
               power to finance public improvements.  The tax                         
               certificates in this case are issued by a State or                     
               political subdivision as a means of collecting                         
               delinquent taxes in the exercise and enforcement of its                
               taxing power, not as a means of raising capital to                     
               finance public improvements.  Accordingly, sec. 1.103-                 
               1(b), Income Tax Regs., does not apply.                                

               John R. Hernandez, pro se.                                             
               Charles Baer, for respondent.                                          


                           SUPPLEMENTAL MEMORANDUM OPINION                            

               BEGHE, Judge:  This matter is before us on petitioner's                
          motion under Rule 1611 for reconsideration of our opinion in                
          Hernandez v. Commissioner, T.C. Memo. 1998-46 (Hernandez I).                
          Hernandez I held that tax certificates sold by the Pasco County,            


               1 All section references are to the Internal Revenue Code in           
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  




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