Amoco Corporation (Formerly Standard Oil Company (Indiana) and Affiliated Corporations - Page 92

                                       - 92 -                                         
          unauthorized action.  Respondent counters that the critical fact            
          is that EGPC took the credit and that whether such action was or            
          was not authorized is irrelevant.                                           
               As to the issue in respect of authorization, we note that              
          EGPC in fact took the credit in the pre-June 1980 years and that            
          collection based upon a disallowance of such action by the ETD              
          would have been barred by the period of limitations.  Although,             
          as we have pointed out, see supra p. 74, the running of the                 
          statute of limitations does not constitute approval of EGPC's               
          action, it is the equivalent to authorization in substantive                
          result.  This circumstance raises the issue of an authorized                
          credit constituting a subsidy.                                              
               We find it unnecessary to resolve the differences between              
          the parties as to these two issues, i.e., payment16 or                      
          authorization, because of our conclusion in respect of the                  
          application of Example (3), particularly in light of the last               
          sentence of the example specifically exempting from the subsidy             
          rules a transaction which complies with its terms.                          
               Respondent points to the reference to Example (3) in                   
          Continental Illinois Corp. v. Commissioner, T.C. Memo. 1991-66,             
          affd. in part, revd. in part 998 F.2d 513 (7th Cir. 1993).  In              
          that case, we cursorily dismissed Example (3) as inapplicable.              


          16  We note that, as our findings of fact show, EGPC in fact paid           
          Egyptian income taxes of Amoco Egypt, and they were specifically            
          credited to the latter's tax account by the ETD.                            




Page:  Previous  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  Next

Last modified: May 25, 2011