Exxon Corporation - Page 22




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          directly or indirectly, from the foreign countries in exchange              
          for payment of the levies.  See sec. 1.901-2(a)(2), Income Tax              
          Regs.  The regulations also provide that economic benefits that             
          foreign Governments do not make available on substantially the              
          same terms to substantially all persons subject to the generally            
          imposed income tax (such as a concession to extract Government-             
          owned petroleum) will be regarded as specific economic benefits.            
          See sec. 1.901-2(a)(2)(ii)(B), Income Tax Regs.                             
               Exxon acknowledges that the licenses it received from the              
          United Kingdom to exploit North Sea petroleum resources                     
          constitute the receipt of specific economic benefits and                    
          therefore that Exxon is to be treated under the regulations as a            
          “dual capacity” taxpayer and as subject to the regulations with             
          regard thereto under sections 1.901-2(a)(2) and 1.901-2A, Income            
          Tax Regs.  Thereunder, dual capacity taxpayers (who pay levies              
          and who also receive specific economic benefits from the                    
          Government) have the burden to establish the extent, if any, to             
          which foreign levies they pay constitute taxes -- as opposed to             
          payments for the specific economic benefits received -- either by           
          relying on the regulations’ safe harbor method or on the facts              
          and circumstances method.  See sec. 1.901-2A(c)(1) and (2),                 
          Income Tax Regs.  Exxon herein relies on the facts and                      
          circumstances method, and Exxon is required to establish, under             
          all of the relevant facts and circumstances associated with its             






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Last modified: May 25, 2011