- 12 - sidewalks, streets, etc.).” Sec. 1.103-1(b), Income Tax Regs. But, as we noted in Hernandez I, the Pasco County tax certificates in issue in the case at hand “`are only a means of evidencing unpaid taxes and to enable the sale thereof for the purpose of realizing funds or current governmental expenditures’”. Hernandez v. Commissioner, T.C. Memo. 1998-46 (quoting Smith v. City of Arcadia, 185 So. 2d 762, 767 (Fla. Dist. Ct. App. 1966)). In short, the tax certificates in issue are not issued to finance public improvements. In each of the above-cited special assessment cases, municipal obligations were issued to finance particular public improvement projects. See, e.g., Independent Gravel Co. v. Commissioner, supra at 705 ("We have on many occasions in the past dealt with the exemption of interest paid on instruments issued by a governmental unit in consideration for municipal improvements") (street and sewer improvements); Estate of Shamberg v. Commissioner, supra (bridges and tunnels); Riverview State Bank v. Commissioner, supra (street improvements); Carey-Reed Co. v. Commissioner, supra (street, paving, and sewer improvements); Pontarelli v. Commissioner, 35 B.T.A. 872 (1937)(sewer improvements). In Florida, however, tax certificates are sold solely as a means of collecting delinquent real property taxes. Fla. Stat. Ann. sec. 197.432 (West 1989 & Supp. 1997). ConclusionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011