Amoco Corporation (Formerly Standard Oil Company (Indiana) and Affiliated Corporations - Page 93

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          Since that case turned on the absence of a legal liability for              
          the foreign withholding tax on the part of the withholding agent            
          and the U.S. taxpayer as well, id. T.C. Memo. 1991-66 at n. 46,             
          the inapplicability of Example (3) was obvious.  Certainly the              
          case offers no support for respondent's position herein where               
          there clearly was a legal liability on the part of Amoco Egypt              
          and the assumption of that liability by EGPC.                               
               Respondent's reliance on Nissho Iwai American Corp. v.                 
          Commissioner, 89 T.C. 765 (1987), is misplaced. In Nissho, a U.S.           
          taxpayer had engaged in a net loan transaction with a private               
          borrower in Brazil, whereby the borrower agreed to pay interest             
          at a certain rate net of any Brazilian withholding taxes.                   
          Simultaneous with remittance of the tax by the borrower, the                
          borrower received a subsidy from the Brazilian Government based             
          on the amount of the tax paid. The Court applied the indirect               
          subsidy rule in the temporary regulations, section 4.901-                   
          2(f)(3)(ii), Temporary Income Tax Regs., 45 Fed. Reg. 75653-75654           
          (Nov. 17, 1980), which it held was reasonable, and denied foreign           
          tax credits to the taxpayer for the amount of tax which was                 
          credited to the Brazilian borrower.                                         
               The holding in Nissho is based upon the finding that the               
          borrower received the subsidy by virtue of the refund of the                
          withheld tax.  The borrower was a private party, and thus there             
          was no question it obtained a benefit, so that it does not aid us           
          in our determination herein.  Continental Illinois Corp. v.                 




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