- 6 - Florida or its political subdivisions. Hernandez v. Commissioner, T.C. Memo. 1998-46, supplemented by T.C. Memo. 1998-329; Barrow v. Commissioner, T.C. Memo. 1983-123. The Florida statutes under which the tax certificates at issue in this case were issued and redeemed have undergone no material change since they were analyzed for purposes of section 103 in the foregoing opinions.5 Under the reasoning outlined in Hernandez and Barrow, which we need not repeat here, we hold that the interest income petitioners received upon the redemption of the Florida tax certificates they held is not excluded from gross income by section 103. Accordingly, we sustain respondent’s determination that petitioners must include $28,136 of taxable interest in their gross income for 1996. Petitioners offered no evidence to refute respondent’s determination that they received taxable interest income in the 5 Our analysis in Barrow v. Commissioner, T.C. Memo. 1983- 123, focused on the nature of the obligations that existed between a tax certificate’s purchaser, the property’s owner, and the tax collector under Florida law. Specifically, we looked at secs. 197.116 and 197.156 of the Florida Statutes governing the issuance and redemption of tax certificates, and sec. 197.241 of the Florida Statutes governing a certificate holder’s right to convert the certificate into a tax deed. In the period between our opinions in Barrow and Hernandez v. Commissioner, T.C. Memo. 1998-46, supplemented by T.C. Memo. 1998-329, secs. 197.116, 197.156, and 197.241 of the Florida Statutes were repealed and replaced by secs. 197.432, 197.472, and 197.502, respectively. The substance of these provisions, however, has not changed in any material manner since they were first analyzed in Barrow or revisited in Hernandez.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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