Amoco Corporation (Formerly Standard Oil Company (Indiana) and Affiliated Corporations - Page 64

                                       - 64 -                                         
          tweedledum-tweedledee situation; "subtract" and "deduct" are                
          synonymous.  Webster's New Dictionary of Synonyms at 793 (1968).            
               The more critical difference rests on the significance of              
          the inclusion of the term "minha", meaning "therefrom".                     
               Petitioner argues that "minha" refers not to EGPC's taxes as           
          finally determined but to the process of calculating EGPC's taxes           
          articulated in the opening clause of Article IV(f)(6), which is a           
          feminine concept in Arabic.  Petitioner goes on to assert that if           
          we should conclude that the language of Article IV(f)(6) does not           
          unambiguously support its position then we should resolve any               
          ambiguity by looking to the intent of the parties.                          
               Respondent argues that, because the Arabic word for taxes is           
          feminine, and because "minha" means from it or her, the provision           
          unambiguously instructs EGPC to deduct Amoco Egypt's taxes from             
          EGPC's own taxes.  Respondent goes on to assert that Article                
          IV(f)(6) is inconsistent with the generally applicable principles           
          of deduction from income under Egyptian tax law.  This being the            
          case, there is no basis for looking beyond the language of                  
          Article IV(f)(6) to the intent of the parties since Article II of           
          the promulgation law, Egyptian Law No. 15 of 1976, accorded the             
          force of law to the MCA and operates as an exception to other               
          Egyptian laws, with the result that it should be strictly                   
          interpreted.                                                                
               We find it unnecessary to dwell upon the allegedly                     
          inescapable conclusion that, because the MCA has the force of               




Page:  Previous  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  Next

Last modified: May 25, 2011