Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 95

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          Government provided to their Brazilian borrowers.  Norwest Corp. v.         
          Commissioner, 69 F.3d at 1408-1410; Continental Ill. Corp. v.               
          Commissioner, 998 F.2d at 519-520; Nissho Iwai Am. Corp. v.                 
          Commissioner, 89 T.C. at 775-777 (1989); Bankers Trust New York             
          Corp. v. United States, supra at 35.48                                      
               Petitioner argues that the "subsidy  *  *  *  to the taxpayer"         
          language in the temporary and final regulations requires an                 
          economic benefit analysis and asserts that petitioner itself                
          received no economic benefit from the pecuniary benefit the                 
          Brazilian Government provided to Brazilian borrowers.  Petitioner           
          points out that, in the case of Resolution 63 repass loans, it did          
          not even know the identity of the repass borrowers who received the         
          pecuniary benefit.  It contends that if the regulations are applied         
          to require reduction of the Brazilian withholding tax potentially           
          creditable to petitioner by the pecuniary benefit the Brazilian             
          borrowers received, then the regulations are invalid.  We disagree.         
               We hold that pursuant to section 4.901-2(f)(3)(ii), Temporary          
          Income Tax Regs., supra, and section 1.901-2(e)(3)(ii), Income Tax          
          Regs., the Brazilian withholding tax potentially creditable to              
          petitioner must be reduced by the pecuniary benefit the non-tax-            
          immune borrowers received.  We further hold that the indirect               


          48        The position set forth in the temporary and final                 
          regulations has been codified in sec. 901(i), which is effective            
          for foreign taxes paid or accrued in taxable years beginning                
          after Dec. 31, 1986. Tax Reform Act of 1986, Pub. L. 99-514, sec.           
          1204(a), 100 Stat. 2532; see Nissho Iwai Am. Corp. v.                       
          Commissioner, 89 T.C. at 777 n.17.                                          



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