Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 84

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          borrowers-to-be theory and to negotiate a longer relending period           
          for the phase III DFA, they were unwilling to make any change in            
          the Central Bank's tax immunity.  In their comments, the Brazilians         
          also advised the BAC that about 75 percent of the phase III debt to         
          be restructured was not subject to withholding tax because it was           
          governmental debt.                                                          
               Lastly, we reject petitioner's contention that Article 19 of           
          the Brazilian Constitution does not prohibit the Brazilian Federal          
          Government from taxing the assets, revenues, and operations of              
          Federal-level autarquias, like the Central Bank, as Article 19,             
          petitioner maintains, precludes taxation only between the different         
          governmental levels.  Although some of petitioner's experts did             
          give opinions to that effect, we agree with respondent's expert             
          Tostes that such an interpretation of the constitutional tax                
          immunity of public-sector entities is contrary to the provisions of         
          Article 19, and is an unreasonable and questionable construction of         
          Article 19.39  If petitioner's interpretation of Article 19 were            

          39        Article 19 of the Brazilian Constitution provides, in             
          pertinent part:                                                             
                    Article 19.  The Union, the states, the Federal                   
               District, and the Municipalities, are forbidden to:                    
                    *       *       *       *       *      *       *                  
                    III.  Establish a tax on:                                         
                         a.  The assets, revenues, or services of one                 
                         another.                                                     
                    *       *       *       *       *      *       *                  
                                                             (continued...)           



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