Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 21

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          however, for an amount of tax paid by a taxpayer to a foreign               
          country that is used, directly or indirectly, by the foreign                
          country to provide a subsidy by any means to the taxpayer.  Sec.            
          1.901-2(e)(3), Income Tax Regs.8                                            
               The purpose of the foreign tax credit is to protect against            
          the double taxation of foreign income.  United States v. Goodyear           
          Tire & Rubber Co., 493 U.S. 132, 139 (1989); Am. Chicle Co. v.              
          United States, 316 U.S. 450, 451 (1942).  As an exemption from              
          tax, the credit provisions of section 901 are to be strictly                
          construed.  Inland Steel Co. v. United States, 230 Ct. Cl. 314,             
          677 F.2d 72, 79 (1982); Bank of Am. Natl. Trust & Sav.                      
          Association v. United States, 61 T.C. 752, 762 (1974), affd.                
          without published opinion 538 F.2d 334 (9th Cir. 1976).                     
               In Riggs I, we determined that the Central Bank was not                
          required, under Brazilian law, to pay withholding tax on its                
          interest remittances to petitioner and that the withholding tax             
          paid by the Central Bank was a noncompulsory payment, rather than           
          a tax.  Thus, we concluded that petitioner was not “legally                 
          liable” for the Central Bank’s withholding tax payments and held            




               8The position set forth in the regulation regarding                    
          subsidies has been codified in sec. 901(i), which is effective              
          for foreign taxes paid or accrued in taxable years beginning                
          after Dec. 31, 1986.  Tax Reform Act of 1986, Pub. L. 99-514,               
          sec. 1204(a), 100 Stat. 2532; Nissho Iwai Am. Corp. v.                      
          Commissioner, 89 T.C. at 777 n.17.                                          





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