- 30 - foreign tax withholding and payment, if possible, the district director may, in his discretion, accept secondary evidence that foreign withholding was in fact withheld and paid. A. The Parties’ Contentions In its opening brief on remand, petitioner contends that through direct and secondary evidence it has established that the withholding taxes in issue were actually paid by the Central Bank on petitioner’s behalf. In his answering brief on remand, respondent contends that petitioner has failed to establish that the withholding taxes in issue were paid. Respondent maintains that (1) the evidence petitioner relies upon is manifestly unreliable, and (2) the Central Bank’s continuing reports that it received a “pecuniary benefit” after June 28, 1985, suggests that the DARF’s the Central Bank issued memorialized sham accounting entries. In this connection, respondent argues: Central Bank correspondence suggests that the DARFs memorialized sham accounting entries. If someone received a pecuniary benefit of 40% of the tax it paid, it is reasonable to expect some level of awareness. If the pecuniary benefit were eliminated, the taxpayer should know that it was paying 40% more in taxes. This is especially true when payments of hundreds of millions of cruzeiros are involved. Just the opposite occurred. The Central Bank provided letters conveying the DARFs to the agent banks. Schedules attached to each letter from the Central Bank report each bank’s share of the relevant tax receipt and an amount of pecuniary benefit received by the Central Bank. * * * After June 28, 1985, the pecuniary benefit (subsidy) rate had been reduced to zero throughPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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