Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 82

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          reasoning because, as petitioner's experts assert, the Brazilian            
          Supreme Court Justices failed to appreciate that Decree Law 401             
          applies only to import financing loans, not foreign currency                
          loans.38  Of significance for our purposes in determining the               
          applicable Brazilian law is that these Brazilian Supreme Court              
          decisions, notwithstanding petitioner's experts' criticism of them,         
          represent the Brazilian Supreme Court's legal position.  Over the           
          years, the Brazilian Supreme Court, in Parana II and other similar          
          cases involving foreign currency loans, has consistently held that          
          public-sector entities, like the Central Bank, are immune from              
          paying withholding tax on their net loan interest remittances               
          abroad under Article 19 of the Brazilian Constitution.                      
               We do not accept petitioner's contention that Brazilian law            
          fails to distinguish between net loans and gross loans, in                  
          situations in which the borrower/remitter is a public-sector entity         
          having an immunity from taxation pursuant to Article 19 of the              
          Brazilian Constitution.  In addition to the expert testimony the            
          parties have offered and the Brazilian Supreme Court cases                  
          discussed above, other evidence in the record confirms that the             

          38        We are hesitant to substitute our judgment on a matter            
          of Brazilian law for that of the Brazilian Supreme Court Justices           
          who reported these decisions.  In any event, this is a matter               
          which we need not resolve, as in its subsequent decisions (which            
          petitioners' experts agree involved foreign currency loans) the             
          Brazilian Supreme Court has continued to utilize and apply Parana           
          II's net-loan-versus-gross-loan rationale.  We further note that            
          even the Brazilian Government and the Brazilian IRS appear to               
          have attached little, if any, practical significance to the fact            
          that the loans made to the Central Bank under the DFA's and CGA's           
          were currency loans and not import financing loans.                         



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