G.M. Trading Corporation - Page 15

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               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 a                





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