- 18 - City S. Ry. Co. & Affiliated Cos. v. Commissioner, 16 B.T.A. 665, 694 (1929) (“the term ‘obligations of the United States’ * * * [includes] bonds or other similar evidences of indebtedness”), affd. in part and revd. in part on another issue and remanded 52 F.2d 372 (8th Cir. 1931); see also United States Trust Co. v. Anderson, 65 F.2d 575, 577 (2d Cir. 1933); Newlin Machinery Corp. v. Commissioner, 28 T.C. 837, 841-842 (1957); sec. 1.103-1(b), Income Tax Regs. Consistent with the notion that exclusions from gross income are to be construed narrowly, Commissioner v. Schleier, 515 U.S. 323, 328 (1995); Harbor Bancorp & Subs. v. Commissioner, 105 T.C. 260, 287 (1995), affd. 115 F.3d 722 (9th Cir. 1997), not all interest-bearing obligations issued by State and local governments qualify as section 103(c)(1) obligations. Courts have long held that, in order to entitle the holder to an exclusion from gross income for interest earned thereon, the subject obligation must have been issued by the State or political subdivision as an exercise of its sovereign borrowing power. See, e.g., Stewart v. Commissioner, 714 F.2d 977, 981-982 (9th Cir. 1983), affg. T.C. Memo. 1982-209; Drew v. United States, 551 F.2d 85, 87 (5th Cir. 1977); United States Trust Co. v. Anderson, supra at 577-578; King v. Commissioner, 77 T.C. 1113, 1118 (1981). This limitation derives from the notion that the purpose of the section 103 exclusion is to enable States andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011