Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 3

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               JACOBS, Judge:  Respondent determined deficiencies in the              
          Federal income tax of petitioner Riggs National Corporation &               
          Subsidiaries, formerly  known  as  Riggs  National  Bank  and               
          Subsidiaries.                                                               
               The dispute involves petitioner's entitlement to foreign tax           
          credit under section 9011 for Brazilian taxes withheld on interest          
          income petitioner received, during the years 1980 through 1986, as          
          a result of its loans to Brazilian borrowers.  The primary issues           
          for decision are as follows:  (1) Whether petitioner is legally             
          liable for the Brazilian withholding tax purportedly paid by its            
          Brazilian borrowers on their net loan interest remittances to               
          petitioner (the legal liability issue); (2) whether the alleged             
          withholding tax paid by the Banco do Central Brazil (Central Bank)          
          on its Brazilian restructuring debt interest remittances to                 
          petitioner is a noncompulsory amount and thus not a tax to Brazil           
          (the Central Bank issue); and (3) whether a subsidy, equal to a             
          percentage of the tax withheld, that borrowers received from the            
          Brazilian Government during the period from January 1, 1980,                
          through June 28, 1985, reduces the amount of foreign tax credit             
          allowable to petitioner (the subsidy/pecuniary benefit issue).              
               To a major extent, the legal liability and subsidy/pecuniary           
          benefit issues have been previously dealt with in Norwest Corp. v.          

          1         Unless otherwise indicated, all statutory references              
          are to the Internal Revenue Code in effect for the years in                 
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     




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