Riggs National Corporation & Subsidiaries - Page 25




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         comptroller on the foreign tax credit to be claimed with respect to          
         a January 1987 phase III DFA interest remittance, petitioner’s               
         International Division stated that a Brazilian tax rate of “60% of           
         25%” had been applied to the grossed-up January 1987 phase III DFA           
         interest payment.                                                            
         J.  Foreign Tax Credits in Dispute on Remand                                 
              On its income tax returns, petitioner generally reported its            
         interest income and withholding tax payments with respect to its             
         Brazilian loans on a cash basis.  Petitioner claimed a foreign tax           
         credit and reported interest income gross-up when it received a              
         DARF.  On its returns (including those for 1980 through 1986, which          
         were the years originally in issue in this case), petitioner reduced         
         the amount of the foreign tax credit it claimed in connection with           
         its Brazilian loans by the pecuniary benefit provided by the                 
         Brazilian Government to Brazilian borrowers.                                 
              On its returns covering the period from January 1, 1980,                
         through June 28, 1985, petitioner reduced the amount of its claimed          
         foreign tax credits attributable to Brazilian loans by an amount             
         equal to the pecuniary benefit available to Brazilian borrowers.             
         Petitioner made this reduction in its claimed foreign tax credits            
         for both nonrestructured and restructured Brazilian loans.                   
              On its returns covering the period after June 28, 1985, through         
         at least January 1987, petitioner continued to reduce its amount of          
         claimed foreign tax credits attributable to Brazilian net loans by           






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