- 22 - that the withholding tax payments were not creditable to petitioner. On appeal, in Riggs II, the U.S. Court of Appeals for District of Columbia Circuit concluded that petitioner was legally liable for the withholding tax payments made by the Central Bank because the March 1984 ruling constituted an order by the Finance Minister, treated as an act of state, that the Central Bank pay the withholding taxes. Riggs II, 163 F.3d at 1365-1369. The Court of Appeals remanded the case to us to determine, among other things: (1) Whether the Central Bank in fact paid withholding taxes on petitioner’s behalf; and if so, (2) whether, in determining petitioner’s creditable amount, the Brazilian withholding tax paid by the Central Bank must be reduced by the amount of any pecuniary benefit that the Central Bank may have received. Id. at 1369. In Riggs III, we determined that petitioner had failed to establish that the withholding taxes were paid by the Central Bank as required under section 905(b). We questioned the reliability of the schedules accompanying the DARFs and found inexplicable the Central Bank’s reporting that it had received a pecuniary benefit after June 28, 1985, the date on which the pecuniary benefit was eliminated. Consequently, we held that petitioner was not entitled to any credit for taxes purportedly withheld by the Central Bank.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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