Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 34

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          withholding taxes paid by the Central Bank should not be reduced            
          by the pecuniary benefit received by the Central Bank.                      
               Respondent on the other hand contends that Amoco was wrongly           
          decided and should not be followed in this case.  Specifically,             
          respondent argues that in Amoco this Court and the U.S. Court of            
          Appeals for the Seventh Circuit misapplied section 1.901-                   
          2(f)(2)(ii), Example (3), Income Tax Regs., to exempt the                   
          transaction involving a corporation owned by the Egyptian                   
          Government and the U.S. taxpayer from the subsidy rules of                  
          section 1.901-2(e)(3), Income Tax Regs.                                     
               Alternatively, respondent argues that this case is                     
          distinguishable from Amoco.  Respondent suggests that, consistent           
          with the borrowers-to-be theory used in the Brazilian Finance               
          Minister’s March 1984 ruling, the borrowers-to-be (on whose                 
          behalf the ruling concluded the Central Bank must act in paying             
          the withholding tax), and not the Central Bank, were the                    
          recipients of the pecuniary benefit the Central Bank received.              
          And respondent concludes such borrowers-to-be are private parties           
          who cannot be considered part of the Brazilian Government.                  
               Because we agree that the facts in this case are                       
          distinguishable from those in Amoco, it is not necessary for us             
          to reconsider the holding in that case.                                     
               Petitioner argues that the pecuniary benefit at issue here             
          was provided by the Brazilian Government to its own                         






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