- 17 - of a State or political subdivision and that therefore the interest on them is not excluded from gross income under section 103(a). Against the background of our opinion in Barrow v. Commissioner, T.C. Memo. 1983-123, we agree with respondent. In Barrow v. Commissioner, supra, we considered whether interest earned on redemption of Florida tax certificates was excludable from the holder’s gross income under section 103(a). We held, on a motion for summary judgment, that interest on Florida tax certificates was not excluded from gross income because the certificates were neither an exercise of sovereign borrowing power nor obligations of the State of Florida or a political subdivision thereof. Subsections (a) and (c)(1) of section 103, by their literal terms, exclude from gross income interest on any State or local bond, defined as an obligation of a State or political subdivision thereof.10 See Newman v. Commissioner, 68 T.C. 433, 446 (1977) (section 103 obligation must be in writing); Kansas 10 In pertinent part, sec. 103 provides: SEC. 103(a). Exclusion.-- * * * gross income does not include interest on any State or local bond. * * * * * * * (c) Definitions.--For purposes of this section and part IV-- (1) State or local bond.--The term "State or local bond" means an obligation of a state or political subdivision thereof.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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