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          fails to provide an allowance that “mimics” interest expense, and           
          that the relationship of PRT allowances to nonrecoverable                   
          expenses is not sufficiently “predictable”.  We reject these                
          labels as merely argumentative and as without merit.                        
               We note statements in respondent’s pretrial brief, in                  
          respondent’s counsel’s opening statement, and in a number of                
          respondent’s experts’ reports or testimony that in essence                  
          acknowledge the “income” or “profits” nature of PRT.  One of                
          respondent’s experts testified contrary to prior published                  
          statements he has made regarding PRT and its nature as an “excess           
          profits tax”.                                                               
               In Texasgulf, Inc. & Subs. v. Commissioner, 107 T.C. 51                
          (1996), affd. 172 F.3d 209 (2d Cir. 1999), we held that the                 
          Ontario Mining Tax (OMT) satisfied the net income test of the               
          section 901 regulations and constituted a creditable income tax.            
          Among other things, we relied on industry data showing that a               
          special processing allowance available to taxpayers in computing            
          OMT liability adequately compensated for significant nonallowed             
          costs, including interest.  The evidence, among other things,               
          indicated that the processing allowance, in the aggregate for the           
          industry, exceeded the amount of significant nondeductible costs.           
          See id. at 66.                                                              
               On appeal, the Court of Appeals for the Second Circuit                 
          focused on how OMT applied to the mining industry as a whole and            
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