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enclosed in his November 19, 1985, letter, establish conclusively
that the Central Bank itself erroneously reported to the foreign
lenders its “receiving” a nonexistent “pecuniary benefit” on its
purported withholding tax payments on post-June 28, 1985,
restructuring debt interest remittances to them. See infra appendix
B.
The record further reflects that for a substantial period after
June 28, 1985, the Central Bank continued to report to the foreign
lenders that it was “receiving” a nonexistent “pecuniary benefit”
in connection with its post-June 28, 1985, restructuring debt
interest remittances to them. This evidence includes a Morgan Bank
letter, dated August 1986, relating to the Central Bank’s respective
phase II CGA interest remittances on December 30, 1985, and March
26, 1986. In discussing the group DARF’s and supporting schedules
the Central Bank had issued to the foreign lenders on those interest
payments, Morgan Bank’s August 1986 letter stated the enclosed
Central Bank schedules reflected the Central Bank to have received
a “40% cruzados tax rebate amount”. As a result of these and other
documents issued erroneously reporting the Central Bank’s “receipt”
of a “pecuniary benefit” in connection with its post-June 28, 1985,
restructuring debt remittances to the foreign lenders, petitioner
mistakenly believed the Central Bank and other Brazilian borrowers
were continuing to “receive” a “pecuniary benefit” well after June
28, 1985. In various memoranda to petitioner’s comptroller on the
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