John R. Hernandez - Page 19

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          localities to obtain capital at lower than market rates of                  
          interest; 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.  United States Trust Co. v. Anderson, supra; see Drew v.              
          United States, supra; King v. Commissioner, supra; see also                 
          Bradford, Untangling the Income Tax 243-254 (1986).  In the line            
          of cases that formulated and applied this notion, qualification             
          for the exclusion depends on whether the governmental obligation            
          was incurred by operation of law, as where interest is paid at a            
          rate fixed by statute in a condemnation proceeding, or as the               
          result of a voluntary bargain between the State or local issuer             
          and the purchaser, where the rate of interest is established in             
          the marketplace.  See also Consolidated Edison Co. v. United                
          States, 10 F.3d 68 (2d Cir. 1993); Stewart v. Commissioner,                 
          supra; Drew v. Commissioner, supra.  Compare, e.g., United States           
          Trust Co. v. Anderson, supra, with Commissioner v. Meyer, 104               
          F.2d 155, 156 (2d Cir. 1939).                                               
               The distinction is illustrated by King v. Commissioner,                
          supra.  There we held that interest received on warrants issued             
          as part of the consideration for land sold to the Trinity River             
          Authority under the threat of condemnation was not excludable               
          from gross income under section 103(a), but that interest                   
          received from warrants issued as part of the consideration for              





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