- 95 - 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.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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