Exxon Corporation - Page 30




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          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 an                 






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