Amoco Corporation (Formerly Standard Oil Company (Indiana) and Affiliated Corporations - Page 77

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          involved herein.  We are still left with questions stemming from            
          the fact that, whether or not authorized by Article IV(f)(6),               
          EGPC credited Amoco Egypt's income taxes paid by it against its             
          income taxes.  These issues relate to the assertion by respondent           
          that such action on EGPC's part constituted a refund or subsidy             
          which should deprive Amoco Egypt of its claimed foreign tax                 
          credit.  Arguably, our disposition of these issues in favor of              
          petitioner could have obviated our lengthy analysis of the proper           
          interpretation of Article IV(f)(6).  However, we decided to set             
          forth such analysis, not only because the parties extensively               
          argued the issue of such interpretation but because we concluded            
          that such analysis would provide useful background for resolution           
          of the issues that still remain.  Moreover, we note that even               
          though the credit was not, at any time, proper under Article                
          IV(f)(6), EGPC's action in taking the credit for periods prior to           
          the period ending June 30, 1980, and the running of the period of           
          limitations would require us, to that extent, to deal with such             
          action as a separate matter.  We now turn to the refund and                 
          subsidy issues.                                                             
               With respect to the existence of a refund, section 1.901-              
          2(e), Income Tax Regs., provides in pertinent part as follows:              
               (1)  In general.  Credit is allowed * * * for the                      
               amount of income tax * * * that is paid to a foreign                   
               country by the taxpayer.  * * *                                        
                    (2)  Refunds and credits--(i)  In general.  An                    
               amount is not tax paid to a foreign country to the                     
               extent that it is reasonably certain that the amount                   




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