- 80 - the distinction it drew between a net loan and a gross loan in order to distinguish the previous holding reached in the Parana I-- 1st Panel decision.37 Although the Parana II decision cited and discussed the provision in Decree-law 401 that deems the borrower/remitter to be the contribuente where imported goods are purchased on an installment basis, that discussion was in rebuttal of the losing party's argument that the actual beneficiary of the interest was the foreign lender, not the State of Parana. Moreover, if the 1975 Parana II decision was incorrectly decided, as petitioner's experts claim, we then find it puzzling that, over the years, no successful challenge to its holding has been made, and that the Brazilian Supreme Court has continued to utilize and 36(...continued) A. Except for the * * * [Parana I--1st Panel and Parana I--Full Bench decisions], I do disagree. Q. You disagree with all the ones that held the borrower was immune? A. These are the ones. They are not different ones. 37 Da Silva indicated in his testimony that he believed the Parana I--1st Panel decision involved a gross loan, whereas the Parana II decision involved a net loan. Pedreira testified that the Parana II decision definitely involved a net loan. Guerra maintained that the Parana I--1st Panel decision possibly did not involve a gross loan. He claimed that if the case involved a gross loan, there then would be no reason for the State Highway Department to litigate and dispute payment of the withholding tax, as a victory would not benefit the Highway Department but only the foreign lender. However, Guerra did agree that the Parana II and Santo Andre I decisions involved net loans. We note that both the Parana II and Santo Andre I decisions utilized a net-loan-versus-gross-loan rationale to distinguish the Parana I--1st Panel holding.Page: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
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