The former attorney for the Harrisburg, Pa., City Council has asked the Internal Revenue Service to stop the sale of the city's incinerator to the Lancaster County Solid Waste Management Authority.

"In effect, more debt is being issued to replace debt that never should have been issued at all," Bryn Mawr, Pa., solo practitioner Mark Schwartz said in a letter to IRS chief counsel William Wilkins dated Aug. 24, citing Lancaster's intention to issue more debt to purchase the incinerator. "In my opinion this constitutes an 'abusive' transaction … which will result in an 'overissuance' of tax-exempt debt."

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