- 32 - We hold that the private business use test is not met. Accordingly, the proposed bonds will not be private activity bonds.23 Interest on those bonds will be excludable from gross income under section 103(a). Decision will be entered for petitioner. 23A bond issue meets the private business tests of sec. 141(b) if it meets both the private business use test and the private security or payment test. City of New York v. Commissioner, 103 T.C. at 498. Because the bond issue in the instant case fails to meet the private business use test, it is unnecessary for us to discuss whether the private security or payment test is met.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Last modified: May 25, 2011