- 46 - II. Expropriation Issue A. Description of the Issue On September 19, 1977, Kuwait terminated the concession enjoyed by Aminoil to explore for and exploit certain natural resources in a Kuwaiti frontier area known as the Neutral Zone and expropriated certain of Aminoil’s assets in Kuwait. Aminoil protested the termination of the concession and the expropriation, and Aminoil and Kuwait entered into an agreement to arbitrate the resulting dispute. A tribunal was established to carry out that arbitration, and, on March 24, 1982, the tribunal made an award to Aminoil in the amount of $179,750,764. Kuwait honored the decision of the tribunal and paid Aminoil the award on July 1, 1982 (the $179 million payment). The reasoning of the tribunal precedes its statement of the amount of the award and indicates that the tribunal reached that amount by steps. First, the tribunal determined the sum of Aminoil’s debts to Kuwait and the sum of certain amounts due Aminoil from Kuwait. The difference of those two sums was a net amount in Aminoil’s favor. The tribunal then determined the total amount due Aminoil by adding to the subtotal it had determined (1) an interest amount and (2) an amount described as a “level of inflation” amount (10 percent of the amount due compounded from the expropriation date to the date of the award). For purposes of taking the award into account for Federal income tax purposes,Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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