- 67 - restructuring debt interest remittances from four expert witnesses: (1) Geraldo Ataliba (Ataliba), a Brazilian university professor who specializes in constitutional taxation, (2) Eivanny da Silva (da Silva),28 a Brazilian tax lawyer who served as a top-level Brazilian IRS official from 1982 through 1984 and was one of the principal authors of the March 1984 private Brazilian IRS ruling issued to the Central Bank, (3) Joao Guerra (Guerra), a Brazilian tax lawyer, and (4) Jose Pedreira (Pedreira), a Brazilian tax lawyer. Petitioner's experts were of the opinion that the applicable Brazilian law with respect to the Central Bank's payment of withholding tax on its net loan interest remittances abroad was correctly presented in the Doniak-Kahan draft ruling that the Brazilian IRS never issued. In other words, they maintained that the Central Bank was subject to the same withholding tax collection and payment rules as non-public-sector entities and was required to pay withholding tax on all its interest remittances abroad, including those with respect to the restructuring debt, irrespective of the relending periods of the DFA's and CGA's. They were further of the opinion that SRF 368 did not reflect the applicable Brazilian law and was completely insupportable under Brazilian law. Except for perhaps da Silva, all of petitioner's experts opined that, under Brazilian law, there was no such legal doctrine as the borrowers-to-be theory. 28 Petitioner offered da Silva as both a fact witness and an expert witness on Brazilian law.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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