The Limited, Inc. - Page 33




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          Congress had recognized that the repatriation provisions had                
          discouraged investments that would be favorable to the U.S.                 
          balance of payments.  Congress addressed that problem by adding             
          two additional exceptions to the definition of U.S. property:               
          subparagraphs (F) (certain stock or debt investments) and                   
          (G) (certain oil drilling rigs).  The subparagraph (F) exception            
          is limited to stock or debt of unrelated domestic corporations.             
          The Committee on Finance cautioned that it did not wish the law             
          to be changed to permit the U.S. shareholders of a controlled               
          foreign corporation to use the earnings of the corporation                  
          without payment of tax.  H. Rept. 94-658, supra.  S. Rept. 94-              
          938, supra.  Congress did not amend the section 956 deposit                 
          exception to except only deposits with unrelated persons.  That             
          is understandable, however, since BHCA prohibited nonbank holding           


          11(...continued)                                                            
          Bank Holding Company Act Amendments of 1970 (BHCA 1970                      
          Amendments), Pub. L. 91-607, 84 Stat. 1760, a bank holding                  
          company was defined as a company having control over two or more            
          banks.  The BHCA would, thus, not have impeded a nonbanking                 
          company, such as petitioner, from owning a single bank.                     
          Nevertheless, petitioner has failed to show us that, in 1962                
          (when subpart F was enacted), that possibility was any more than            
          theoretical.  See S. Rept. 91-1084 (1970), 1970 U.S.C.C.A.N.,               
          p. 5519, 5522 (accompanying H.R. 6778, which was enacted as BHCA            
          1970 Amendments, and describing "the theoretical freedom of a               
          one-bank holding company to engage in any business, or acquire              
          anything it desires (subject to antitrust laws)"; Conf. Rept. 91-           
          1747 (1970), 1970 U.S.C.C.A.N., p. 5561, 5562 (also accompanying            
          H.R. 6778 and stating that, “[i]n the late 1960's”, nonbank                 
          corporations began acquiring one bank, “thus mixing banking and             
          nonbanking in complete contravention of the purpose of both                 
          Federal banking laws going back to the 1930's and the Bank                  
          Holding Company Act of 1956.”)                                              




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