Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 67

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          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.                                         



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