Norwest Corporation and Subsidiaries - Page 61

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          blocked deposits on the secondary market, it probably would have            
          been obligated to make new loans to Brazil, petitioner anticipated          
          receiving a "better deal" through the debt-equity conversion.               
               Our analysis does not, however, end here.  We must now                 
          determine whether any discount should be applied to the fair                
          market value of the cruzados petitioner received on account of the          
          restrictions in this case.                                                  
               Two restrictions existed with regard to petitioner's debt-             
          equity conversion.  The first required petitioner to invest the             
          cruzados in a Brazilian company.  This restriction has no greater           
          significance than the restrictions placed upon the taxpayer's use           
          of the pesos by the Mexican Government in G.M. Trading.  The Court          
          in G.M. Trading declined to discount the value of the pesos                 
          received in exchange for the debt on the grounds that the Mexican           
          Government restricted their use to the construction of the                  
          processing plant. The Court held that this restriction was                  
          consistent with the parties' purpose and objective and was not              
          substantially different from disbursements of loan proceeds by              
          financial institutions. 106 T.C. at 262. In other words, the                
          restriction only reflected the foreign currency's intended use.             
          103 T.C. at 70-71. In fact, the restriction served as an                    
          enhancement to the value of the pesos by opening business                   
          opportunities for the taxpayer in Mexico.  106 T.C. at 264.                 








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