Exxon Corporation - Page 28




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          under U.K. law -- all characteristics of taxes, not of payments             
          for specific economic benefits.                                             
               The parties herein rely heavily on expert witnesses -- from            
          the petroleum industry, from the U.K. Government, and from legal,           
          tax, accounting, and economic professions –- as to the character            
          of PRT as a tax or as payment for specific economic benefits.               
               The basis of the opinions rendered by respondent’s economic            
          experts seems to be that, in hindsight, oil companies “got a good           
          deal” when they entered into North Sea license agreements, that             
          the licenses turned out to be more valuable than anyone                     
          anticipated at the time the licenses were issued, and therefore             
          that the oil companies “probably felt there was an implicit                 
          contract” to pay some type of additional charges, and that these            
          additional charges (whatever they may be called, however they are           
          administered, and regardless of their features) should be                   
          regarded as what respondent’s expert witnesses refer to as                  
          “economic rent” (i.e., as deferred payments in exchange for the             
          licenses granted in earlier years to the oil companies) and not             
          as taxes.                                                                   
               Respondent’s experts overemphasize the fact that North Sea             
          licenses issued by the United Kingdom to the oil and gas                    
          companies in the late 1960's and in the 1970's were issued                  
          largely without an auction system.  As we have found, throughout            
          the world most countries traditionally have not relied on auction           






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