- 7 - Edison's tax prepayments, but instead was exercising its power to tax"). As discussed in Hernandez I, Florida tax certificates are sold at auction to the bidder who will pay the outstanding taxes, interest, costs, and other charges and is willing to accept the lowest rate of interest. The issuer, Pasco County in the case at hand, has no stake in the outcome of such an auction, other than seeing to it that all tax certificates are sold, as in every case in which a certificate is sold the issuer will receive payment in full up front at the time of sale. The auction process determines the rate of interest to be paid by the delinquent property owner to redeem the certificate. The system so described above is consistent with our characterization of the sale of a Florida tax certificate as a collection activity in exercise of the issuer's sovereign taxing power. As pointed out in Hernandez I, the requirement that an obligation be issued in exercise of sovereign borrowing power in order to qualify as a section 103(c)(1) obligation "derives from the notion that the purpose of the section 103 exclusion is to enable States and localities to obtain capital at lower than market rates of interest". In the municipal bond market, "the exclusion causes purchasers of tax-exempt bonds to accept interest at lower rates equal to the lower after-tax rates of interest earned by holders of taxable bonds of equivalent risk." Hernandez v. Commissioner, T.C. Memo. 1998-46. But the marketPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011