- 30 - sec. 1.901-2(a)(2), Income Tax Regs; see also Phillips Petroleum Co. v. Commissioner, 104 T.C. 256, 297 (1995). In Phillips Petroleum Co., we held that Norway’s Special Tax on oil and gas activity in the Norwegian sector of the North Sea constituted, for U.S. Federal income tax purposes, a creditable tax under section 901. Norway’s Special Tax is similar in a number of significant respects to PRT. Under temporary Treasury regulations applicable to the years involved in Phillips Petroleum Co., Norway’s Special Tax was to be treated as a tax as long as “no significant part of the charge [represents] compensation for the specific economic benefit received”. See sec. 4.901-2(b)(2)(iii), Temporary Income Tax Regs., 45 Fed. Reg. 75649 (Nov. 17, 1980), as applicable to 1979 to 1982. Applying that test, we held in Phillips Petroleum Co. v. Commissioner, supra at 289-297, that Norway’s Special Tax constituted a tax and not payment for specific economic benefits. The Norway Special Tax was enacted in 1975 and was imposed on oil and gas companies operating under discretionary licenses granted by Norway requiring payment of initial fees, annual fees, and 10-percent royalties. We concluded that by payment of the Special Tax the oil and gas companies were not granted additional rights under their licenses, that the fees and royalties paid under the licenses represented substantial compensation for such licenses, that the Special Tax constituted a tax and not anPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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