Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 42

                                       - 42 -                                         
          withholding tax on behalf of the borrowers-to-be, and we believe            
          it receives the pecuniary benefit on behalf of the borrowers-to-            
          be.  Otherwise, if the receipt of the pecuniary benefit is                  
          separated from the payment of tax, and the Central Bank is                  
          entitled to receive the pecuniary benefit from the Brazilian                
          Government on behalf of the Brazilian Government, the Central               
          Bank could return it to the Brazilian Government.  Thus, under              
          the rationale of the Finance Minister’s ruling, the payment of              
          the pecuniary benefit would be “a simple accounting transaction”            
          and “could be waived.”                                                      
               Having concluded that the Central Bank did not receive the             
          pecuniary benefit as an agent of the Brazilian Government, but              
          rather on behalf of the borrowers-to-be, a finding of a subsidy             
          would not mean that the Brazil was subsidizing itself.  Under the           
          facts of this case, we believe that it is proper to treat the               
          Central Bank as separate from the Brazilian Government and                  
          therefore as “another person” for purposes of determining the               
          existence of a subsidy.                                                     
               Since the Central Bank was acting on behalf of the                     
          borrowers-to-be, rather than the Brazilian Government, the                  
          instant case is closer to Example (1), than to Example (3), of              
          section 1.901-2(f)(2)(ii), Income Tax Regs.  Both the payment of            
          the withholding tax and the Central Bank’s receipt of the subsidy           
          were inextricably linked to the transaction between petitioner              






Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011