Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 87

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          abroad.41   Petitioner, nevertheless, contends that the March 1984          
          Brazilian IRS private ruling issued to the Central Bank must be             
          accorded conclusive effect under the act of state doctrine.  On             
          brief, petitioner asserts:                                                  
                    Even if Respondent were correct and  *  *  *  [the                
               March 1984 Brazilian IRS private ruling] represented a                 
               change in the   *  *  *  [Brazilian IRS's] historical                  
               position, this would not affect  *  *  *  [the March 1984              
               ruling's] validity.  *  *  *  [Respondent] regularly                   
               defends her ability to revise her rulings as necessary                 
               and appropriate in the circumstances.                                  
               *  *  *  Therefore, the  *  *  *  [Brazilian IRS would                 
               not have been required to follow an erroneous prior                    
               practice any more than  *  *  *  [respondent] would be                 
               required to follow such a practice.                                    
               *      *      *      *      *     *      *                             
                    Respondent's argument would require this Court to                 
               disregard  *  *  *  [the March 1984 Brazilian IRS ruling               
               issued to the Central Bank] and the Minister of Finance's              
               directive that taxes be withheld on the DFA and CGA                    
               interest payments.  Respondent argues that the *  *  *                 
               [Brazilian IRS] "compromised" Brazilian tax law, and that              
               this Court must rule against the * *  *[Brazilian IRS] on              
               a question of Brazilian tax law.  Thus, Respondent                     
               invites the Court to violate the Act of State doctrine by              
               "declar[ing] invalid, and thus ineffective as 'a rule of               
               decision for the courts of this country,' the official                 
               act of a foreign sovereign."  W.S. Kirkpatrick & Co. v.                
               Environmental Tectonics Corp. Int'l., 493 U.S. 400, 405                
               (1990) *  *  *.                                                        

          41        In Amoco Corp. v. Commissioner, T.C. Memo. 1996-159, we           
          held that an Egyptian Tax Department determination reflected the            
          applicable Egyptian law and rejected the Commissioner's argument            
          that this Tax Department determination could have been                      
          successfully challenged.  We stated that whether the Tax                    
          Department's determination could have been successfully                     
          challenged was unclear, because, at the time, there was no                  
          existing precedent that focused on the precise issue involved.              
          We further stated that, on the facts presented, we perceived no             
          reason to delve into the motives of a foreign government in                 
          connection with its tax determinations.  The instant case is                
          distinguishable from Amoco.                                                 



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