120 T.C. No. 12 UNITED STATES TAX COURT CITY OF SANTA ROSA, CALIFORNIA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 7310-00B. Filed May 13, 2003. P petitions this Court pursuant to sec. 7478, I.R.C., seeking a declaration that interest on certain bonds will be exempt from taxation under sec. 103(a), I.R.C. P proposes to issue bonds of $140 million to finance the construction of a pipeline. The pipeline will dispose of wastewater generated in P’s subregional sewage and water reclamation system. P has entered into an agreement obligating P to deliver, and a utility company to accept, an average of 11 million gallons of wastewater per day. The utility company will use the wastewater to activate geysers and produce steam for the generation of electricity. P will receive no payments from the utility company for the wastewater. P will enter into agreements with irrigators along the pipeline obligating P to supply wastewater for consideration not to exceed 5 percent of the debt service on the bonds. At least 95 percent of the debt service on the bonds will be paid by sewer demand fees imposed on users of P’s sewage system. The sewage ratepayers use the pipeline as members of the general public. The pipeline is an integral part ofPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011