Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 22

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          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.                                               






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