- 66 - Andre I decision), holding that the municipality did not have to pay withholding tax on its interest remittances as repass borrower with respect to a Resolution 63 repass loan to construct a municipal supply center. The loan involved in the Santo Andre I decision was a net loan. The reporting Brazilian Supreme Court Justice noted the prior Parana I--1st Panel and Parana II decisions, but adopted and utilized the Parana II decision's rationale for distinguishing the Parana I--1st Panel decision. This Justice stated that the decision rendered in Santo Andre I was "oriented in the same line of jurisprudence" as the Parana II decision. On April 13, 1993, a panel of the Brazilian Supreme Court issued its ruling not to recognize the Brazilian Government's appeal in Federal Union v. Municipal Prefecture of Santo Andre (hereinafter for convenience referred to as the Santo Andre II decision). The loan to the municipality in Santo Andre II was a Resolution 63 repass net loan. In its appeal, the Brazilian Government argued that the Parana II decision was distinguishable and did not support holding the municipality to be immune from payment of withholding tax, as the foreign loan in Parana II had been directly made to the State of Parana. D. The Parties' Experts 1. Petitioner's Experts. Petitioner offered testimony on the applicable Brazilian law concerning the Central Bank's liability for withholding tax on itsPage: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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