- 31 - Petitioner points to Riggs I, 107 T.C. at 335, where we said: “We are unable to ascertain * * * whether the Central Bank received the pecuniary benefit based on those withholding tax payments.” This sentence, however, is taken out of context; it does not represent a prior factual finding of this Court that the Central Bank from 1984 through September 28, 1985, received no pecuniary benefit. The paragraph in our Riggs I findings containing this sentence reads: On the record presented in this case it is impossible to determine what entries were made on the respective books of the Central Bank and the National Treasury to reflect the Central Bank’s payment of withholding tax on the restructuring debt interest remittances. We are unable to ascertain what, if any, entries were made to determine: (1) Whether the Central Bank was reimbursed by the National Treasury for its withholding tax payments; or (2) whether the Central Bank received the pecuniary benefit based on those withholding tax payments. The Central Bank’s ruling request raised these two matters, and the March 1984 Brazilian IRS ruling discussed the two possibilities. [Id.; fn. ref. omitted.] See also id. at 323 n.13, 361 n.47, 363. A virtually identical paragraph appears in our Riggs III findings. Contrary to petitioner’s argument, in Riggs I and Riggs III we did not expressly find that the Central Bank did not receive a pecuniary benefit with respect to those Brazilian taxes it withheld and paid from 1984 through June 28, 1985. In Riggs I and Riggs III, we did not reach, and did not have to decide, the issue of whether the pecuniary benefit the Central Bank reportedly received with respect to those Brazilian taxes mustPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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