Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 23

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               On appeal, in Riggs IV, the Court of Appeals concluded that            
          the Brazilian taxes were withheld and paid by the Central Bank.             
          The Court of Appeals explained that the DARFs issued by the                 
          Central Bank constituted official tax receipts of the Brazilian             
          Government and were entitled to a presumption of regularity.  It            
          reasoned that respondent had failed to rely on clear and specific           
          evidence necessary to rebut this presumption of regularity                  
          attaching to the DARFs.  The Court of Appeals remanded the case             
          to us to decide whether, in determining petitioner’s creditable             
          amount under section 901, the withheld taxes paid by the Central            
          Bank should be reduced by any pecuniary benefit received by the             
          Central Bank.  Riggs IV, 295 F.3d at 22.                                    
               We begin the task assigned to us in Riggs IV by reviewing              
          section 1.901-2, Income Tax Regs., which provides detailed                  
          interpretations of the foreign tax credit provisions.  Paragraphs           
          (a), (b), and (c) of section 1.901-2, Income Tax Regs., define an           
          income tax for purposes of section 901; paragraph (e) “contains             
          rules for determining the amount of tax paid by a person”; and              
          paragraph (f) “contains rules for determining by whom foreign tax           
          is paid.”  Sec. 1.901-2(a)(1), Income Tax Regs.                             













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