G.M. Trading Corporation - Page 5

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          Government for cancellation, without the Mexican Government                 
          spending any U.S. dollars, constituted a primary purpose of this            
          transaction.  If the financial interests of the Mexican                     
          Government would have been just as well-served (as the amici                
          curiae apparently contend) by the Mexican Government itself                 
          purchasing for US$600,000 the US$1,200,000 Mexican Government               
          debt and then canceling that debt, perhaps the transaction could            
          have been so structured.                                                    
               To the contrary, however, the transaction was structured so            
          that the US$1,200,000 Mexican Government debt would be canceled             
          without the Mexican Government using any of its limited supply of           
          U.S. dollars and also without any of the Mexican pesos that were            
          used in the transaction leaving Mexico.  From the standpoint of             
          both petitioner and the Mexican Government, these two features or           
          benefits of the transaction, made possible by the additional                
          elements provided by petitioner as described above, shape the               
          form and substance of the transaction before us.                            
               We therefore believe that it would be artificial to presume,           
          as petitioner and the amici curiae would have us do, that the               
          value of the Mex$1,736,694,000 (the currency consideration                  
          received by petitioner or by Procesos, as petitioner's designee,            
          for participating in this transaction) equals petitioner's                  
          US$634,000 cost of purchasing the US$1,200,000 Mexican Government           
          debt and transferring the debt to the Mexican Government.  This             
          argument ignores that in reality the Mexican Government acquired            







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Last modified: May 25, 2011