- 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
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