- 92 - 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...)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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