- 19 - 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 forPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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