- 5 - 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 acquiredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011