John R. Hernandez - Page 17

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          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.                                    




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