Basin Electric Power Cooperative - Page 32

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               On January 1, 1995, the refinancing of the 1984 tax-exempt             
          bonds was effected by the simultaneous redemption of the 1984               
          tax-exempt bonds and issuance of the 1995 tax-exempt bonds.  The            
          1995 tax-exempt bonds had an interest rate of 7.2 percent, were             
          payable semiannually on June 30 and December 30, and matured on             
          June 30, 2013.  Because of the 7.2-percent interest rate on the             
          1995 tax-exempt bonds, the annual interest payment on those bonds           
          was $3,720,750 less than the annual interest payment that would             
          have been due on the 1984 tax-exempt bonds.                                 
               During each of the years 1995 and 1996, petitioner’s aggre-            
          gate minimum annual basic rent obligation under the modified 1985           
          sale and leaseback agreements was reduced by 100 percent of the             
          interest savings attributable to the refinancing of the 1984 tax-           
          exempt bonds, i.e., by $3,720,750.  After 1996 and until June 30,           
          2013, when the 1995 tax-exempt bonds were to mature, petitioner’s           
          aggregate minimum annual basic rent obligation under the modified           
          1985 sale and leaseback agreements was reduced by, inter alia, 80           
          percent of the interest savings attributable to such refinancing,           
          i.e., by $2,976,600.20                                                      
               We have found that petitioner paid the expenditures at issue           
          in order to modify and enhance the 1985 sale and leaseback                  
          agreements so that petitioner’s aggregate minimum annual basic              
          rent obligation under those modified agreements would be substan-           


               20See supra note 9.                                                    




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