- 97 - not be equated with the Egyptian Government. Given our holding to the contrary, it follows that respondent's argument should be and is rejected. Indeed, having concluded that EGPC was part of the Egyptian Government, a finding of a subsidy would mean that one can subsidize one self. In so stating, we do not imply that respondent is necessarily precluded from treating, by regulation, entities such as EGPC as separate from the foreign government and therefore "another person" for purposes of determining the existence of a subsidy. Thus, respondent may well have salvaged its position in respect of Example (3) by Example (4) under the section 901(i) regulations although there is still a residual confusion because of the presence of the two examples in different regulatory provisions. Compare sec. 1.901-2(f)(2)(ii), Example (3), Income Tax Regs., with sec. 1.901-2(e)(3)(iv) Example (4). See Blessing & Pistillo, "Final Regulations on the Denial of the Foreign Tax Credit by Reason of Certain Subsidiaries," Tax Mgmt. Intl. J. p. 78 (Feb. 14, 1992). Such confusion has been a characteristic of the turbulent history of the foreign tax credit, particularly as applied to oil companies such as petitioner herein. See Isenbergh, "The Foreign Tax Credit: Royalties, Subsidies, and Creditable Taxes," 39 Tax L. Rev. 227, 247-269 (1984); 1 Isenbergh, International Taxation 495-529 (1990). The long and the short of the matter is that respondent seeks to equate what might have been with what was in the taxablePage: 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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