Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 26

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          subsidy that was based on the amount of tax paid.  Norwest Corp.            
          v. Commissioner, 69 F.3d 1404, 1409-1410 (8th Cir. 1995), affg.             
          T.C. Memo. 1992-282; Continental Ill. Corp. v. Commissioner, 998            
          F.2d 513, 519-520 (7th Cir. 1993), affg. in part and revg. in               
          part on another ground T.C. Memo. 1988-318; Riggs I, 107 T.C. at            
          362.  This Court, the U.S. Court of Appeals for the Eighth                  
          Circuit, and the U.S. Court of Appeals for the Seventh Circuit              
          have held that the regulation is valid and applies to the                   
          Brazilian subsidy at issue here.  Norwest Corp. v. Commissioner,            
          supra at 1408-1410; Continental Ill. Corp. v. Commissioner, supra           
          at 519-520; Nissho Iwai Am. Corp. v. Commissioner, 89 T.C. 765,             
          775-777 (1987).  Brazil provides the subsidy to a Brazilian                 
          borrower who engages in a business transaction (the loan) with              
          the U.S. taxpayer lender.  The subsidy provided to the Brazilian            
          borrower is 40 percent of the tax imposed by Brazil on the U.S.             
          lender’s Brazilian income (the interest paid on the loan), and              
          thus, the subsidy is measured by that tax.                                  
               In Nissho Iwai Am. Corp. v. Commissioner, supra at 777, we             
          stated:                                                                     
               payment of the tax and receipt of the subsidy are in                   
               lockstep.  Commonsense dictates that payment of the tax                
               and receipt of the subsidy be viewed together in                       
               determining the amount of foreign taxes creditable for                 
               purposes of section 901.  If we accept payment of the                  
               Brazilian tax as one transaction and receipt of the                    
               subsidy as another, we would ignore the true unity of                  
               the transaction and elevate form over substance; this                  
               we shall not do.                                                       






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