- 15 - On these facts, it is clear that the Mexican Government, as a result of and in return for its participation in this transaction and for the "excess value" it provided, received direct, specific, and significant economic benefits that related primarily to its perilous foreign exchange position. As we said in Federated Dept. Stores v. Commissioner, 51 T.C. 500, 519 (1968), affd. 426 F.2d 417 (6th Cir. 1970), tax- free capital contribution treatment under section 118 is available where the "only benefit" anticipated and received by the governmental entity making the "contribution" constitutes an indirect civic benefit such as anticipated increased business. In Brown Shoe Co. v. Commissioner, 339 U.S. 583 (1950), contributions or payments by a governmental entity to assist a taxpayer in financing construction of a factory were not made in exchange for, nor accompanied by, extinguishment of the governmental entity's million dollar debt obligation. Perhaps, if the Mexican Government merely had transferred the Mexican pesos to Procesos in exchange for petitioner's commitment to use the pesos to construct a plant in Mexico, receipt of the pesos would qualify under section 118 as a tax- free contribution of capital. The Mexican Government, however, in the transaction before us, did not provide the pesos merely in exchange for a commitment to construct a plant in Mexico. It also received cancellation of its US$1,200,000 debt obligation without using any U.S. dollars, and the pesos that it provided remained in Mexico. The surrender of the debt constitutes aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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