- 6 - certificate is attributable to ad valorem property taxes or special assessments has no bearing. Our holding was based upon an analysis of the nature and substance of the tax certificate itself. Thus, the fact that part of the interest earned on petitioner's tax certificates may be attributable to special assessments would not alter our decision. The sale of Florida tax certificates is properly characterized not as an exercise of municipal borrowing power, but as an exercise of municipal taxing power. In contrast to a bond offering, or the issuance of special assessment obligations4 to contractors to finance municipal improvements, the sale of tax certificates is not an activity designed to raise new capital. Instead, the sale of tax certificates is an effort to collect outstanding taxes, which are part of the municipality's existing capital.5 See Consolidated Edison Co. v. United States, 10 F.3d 68, 72 (2d Cir. 1993) ("we think it clear that the City [New York] was not exercising its borrowing power in accepting Con 4 In this opinion, the terms "special assessment obligations" and "special assessment indebtedness" are used interchangeably to refer generally to nonrecourse securities issued by a municipality to finance public improvements, with the obligation for repayment limited to funds available from special assessments on the properties benefited by the improvements. 5 See Barrow v. Commissioner, T.C. Memo. 1983-123, in which "We cited Florida court opinions that characterize tax certificates as nothing more than evidence of a lien created solely to facilitate expedient enforcement of the obligation of a landowner to pay taxes lawfully assessed." Hernandez v. Commissioner, T.C. Memo. 1998-46 (citing Beebe v. State Supreme Court, 151, So. 298, 299 (Fla. 1933)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011