- 85 - We compare the foregoing elements with those elements in the decided cases where the courts have equated a separate legal entity to the government of which it was a part. In Cherry Cotton Mills v. United States, 327 U.S. 536 (1946), the Supreme Court held that, where a party brought a claim for tax refund in the Court of Claims, the Reconstruction Finance Corporation (RFC) could bring a counterclaim for debts owed under the statute authorizing counterclaims "on the part of the Government of the United States". Describing the RFC, the Court stated: Its Directors are appointed by the President and confirmed by the Senate; its activities are all aimed at accomplishing a public purpose; all of its money comes from the Government; its profits, if any, go to the Government; its losses the Government must bear. That the Congress chose to call it a corporation does not alter its characteristics so as to make it something other than what it actually is, an agency selected by Government to accomplish purely governmental purposes. * * * [Id. at 539.] In First Natl. City Bank v. Banco Para El Comercio, 462 U.S. 611 (1983), the Supreme Court allowed Citibank to apply a setoff of the value of its assets seized by the Cuban Government, against amounts sought by Bancec, a Cuban Government owned bank, from Citibank. The Court found that the Cuban Government supplied all the capital and owned all the stock of Bancec. Bancec's stated purpose was to contribute to and collaborate with the international trade policy of the Government. Bancec was empowered to act as the Government's exclusive agent in foreignPage: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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