Exxon Corporation - Page 31




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          additional royalty, and that the purpose of the Special Tax was             
          to impose taxes on excess and unexpected profits, not to impose             
          additional charges on oil companies for rights to extract oil,              
          and therefore that the Special Tax constituted a tax, not a levy            
          in exchange for specific economic benefits.  In Phillips                    
          Petroleum Co. v. Commissioner, supra at 295, we explained:                  

               The word “tax” in [the U.S.] * * * is generally                        
               understood to mean an involuntary charge imposed by                    
               legislative authority for public purposes.  It is                      
               exclusively of statutory origin.  Tax burdens and                      
               contractual liabilities are very different things.  A                  
               tax is compulsory, an exaction of sovereignty rather                   
               than something derived by agreement.  A tax is a                       
               revenue-raising levy imposed by a governmental unit.                   
               It is a required contribution to the governmental                      
               revenue without option to pay.  A royalty refers to a                  
               share of the product or profit reserved by an owner for                
               permitting another to use a property. [Citations                       
               omitted.]                                                              

               In Phillips Petroleum Co., we then concluded that the                  
          Norwegian Special Tax was enacted:                                          

               to take advantage of a new profit situation created by                 
               surging oil prices, and to receive a larger share of what              
               Norway saw as extraordinarily high and unforeseen profits              
               generated from Norwegian resources, and at the same time to            
               allow petroleum companies to earn a reasonable profit. [Id.            
               at 292.]                                                               

               Phillips Petroleum Co. v. Commissioner, supra, supports our            
          finding and conclusion herein that PRT is not to be regarded as             
          payment in exchange for specific economic benefits Exxon received           
          under its North Sea licenses.                                               





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