Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 73

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          ruling did not reflect the applicable Brazilian law, we will deal           
          with petitioner's act of state argument separately infra.                   
               Respondent, on the other hand, primarily contends that public-         
          sector entities, like the Central Bank, were not required to pay            
          withholding tax on their net loan interest remittances abroad               
          because of their immunity from taxation under Article 19 of the             
          Brazilian Constitution.  Respondent maintains that this was the             
          applicable law in Brazil both before and after 1984, as reflected           
          by the Brazilian IRS's issuance of SRF 368 in June 1980 and by              
          certain Brazilian Supreme Court decisions, including the Parana II          
          and Santo Andre I decisions.  Respondent further asserts that these         
          Supreme Court decisions involved foreign currency net loans, not            
          net loans for the financing of imported goods.  We agree with               
          respondent.                                                                 
               The record reflects that to help  meet  the  Brazilian                 
          Government's and the Central Bank's commitment to provide DARF's to         
          the foreign lenders during the relending periods of the DFA's and           
          CGA's, top Brazilian IRS officials concocted an elaborate legal             
          fiction--the borrowers-to-be theory.  In light of the States,               
          municipalities, and other public-sector entities with foreign net           
          loans, it was not politically feasible for the Brazilian Government         
          to change the applicable Brazilian law and require all public-              
          sector entities to pay withholding tax on their net loan interest           
          remittances abroad.  Moreover, as these public-sector entities,             
          like the Central Bank, were immune from paying withholding tax on           




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