City of Santa Rosa, California - Page 21

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          statutory threshold and the specific exceptions under the                    
          regulations.18  Indeed, in the paragraph following the language              
          that petitioner relies upon in the General Explanation, the Staff            
          of the Joint Committee states at 1152:                                       
                    “To accomplish this, the Act generally defines as                  
               a private activity (i.e., nongovernmental) bond any                     
               bond of which more than 10 percent of the proceeds is                   
               to be used in a trade or business of any person or                      
               persons other than a governmental unit”.  [Emphasis                     
               added.]                                                                 
                                                                                      
          The statute, as finally enacted, demonstrates that the intended              
          exception of de minimis and incidental usage was accomplished, at            
          least in part, with the implementation of the 10-percent                     
          threshold.19  Nevertheless, this does not indicate, as respondent            


               18See sec. 1.141-3(b)(4)(iii)(A), Income Tax Regs., which               
          excepts arrangements from the definition of a management contract            
          if they are “solely incidental to the primary governmental                   
          function or functions of a financed facility”; sec. 1.141-                   
          3(d)(2), Income Tax Regs., which excepts use incidental to                   
          financing arrangements; and sec. 1.141-3(d)(5), Income Tax Regs.,            
          which provides that incidental uses of a financed facility are               
          disregarded to the extent that those uses do not exceed 2.5                  
          percent of the proceeds used to finance the facility.                        
               19Sec. 103(b)(2)(A) of the 1954 Code employed a trade or                
          business test similar to the private business use test in sec.               
          141(b)(1).  That provision prohibited private business use                   
          involving a “major portion” of bond proceeds.  Regulations under             
          that section provided that use of more than 25 percent of bond               
          proceeds represented use of a “major portion”.  Sec. 1.103-                  
          7(b)(3)(iii), Income Tax Regs., 37 Fed. Reg. 15487 (Aug. 3,                  
          1972).  The Senate amendment preceding the enactment of the Tax              
          Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085, proposed to              
          amend sec. 103(b)(2)(A) to incorporate this 25-percent threshold.            
          However, the 10-percent threshold was ultimately adopted.  H.                
          Conf. Rept. 99-841 (Vol. II), at II-687 (1986), 1986-3 C.B. (Vol.            
          4) 1, 687.                                                                   





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