Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 92

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          decide whether these alleged withholding tax payments, in fact,             
          were made by the Central Bank.47                                            

          46(...continued)                                                            
          disclosed to them the relevant facts.  See sec. 1.901-2(e)(5)(i),           
          Income Tax Regs.  In any event, on the record presented in the              
          instant case, petitioner has failed to establish it would be                
          eligible for such relief.  As previously discussed, petitioner's            
          assertion that no banks lending to Brazil were aware of SRF 368             
          until Mar. 18, 1994, is untrue.  We do not believe that certain             
          major international banks, like Citibank, much less these major             
          international banks' Brazilian counsel, were unaware of SRF 368             
          and the Brazilian Supreme Court's Parana II decision.  See supra            
          note 40.  Moreover, notwithstanding the March 1984 Brazilian IRS            
          private ruling issued to the Central Bank, even some of the                 
          employees and representatives of these major international banks            
          who testified at trial indicated that they were skeptical of the            
          ruling's borrowers-to-be theory.                                            
          47        The parties disagree over whether the Central Bank                
          actually paid "withholding tax" on its restructuring debt                   
          interest remittances to foreign lenders during the relending                
          periods of the CGA's and DFA's, beginning in 1984.  At trial,               
          petitioner offered the testimony of an employee of Banco do                 
          Brazil, the Brazilian National Treasury's agent for payment of              
          taxes.  The Banco do Brazil employee was offered by petitioner as           
          an expert witness with respect to the manner in which Banco do              
          Brazil accounted for its withholding tax payment collections.  He           
          examined one purported withholding tax payment of the Central               
          Bank on its restructuring debt interest remittances, which he               
          selected at random, and verified that certain entries had been              
          made on Banco do Brazil's books reflecting Banco do Brazil's                
          receipt of the Central Bank's purported withholding tax payment.            
          However, as we noted in our findings, it is not known:  (1)                 
          Whether the Central Bank was reimbursed by the National Treasury            
          for its restructuring debt "withholding tax payments", or (2)               
          whether the Central Bank received the pecuniary benefit based on            
          such "withholding tax payments".  Petitioner's expert                       
          acknowledged that he had not inquired into whether the Central              
          Bank received the pecuniary benefit or whether any other                    
          transactions took place resulting in a "refund" being made of the           
          Central Bank's "withholding tax payments".  Although we do not              
          decide the payment issue, the Central Bank's actual receipt of              
          the pecuniary benefit would be highly probative evidence                    
          confirming its actual payment of this "withholding tax".  If the            
          Brazilian Government reimbursed the Central Bank for these                  
          "withholding tax payments", because the Central Bank was acting             
                                                             (continued...)           



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