- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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