- 87 - 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.Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
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