Exxon Corporation - Page 37




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               We agree with Exxon that if a company-by-company approach is           
          used to analyze the effect of uplift and other allowances, some             
          particular focus should be given to those companies which earn              
          excess profits from North Sea oil production and which pay PRT.             
          This is the type of empirical and particular industry data that             
          would seem particularly relevant.  Of the 45 companies which                
          through 1988 paid approximately 98 percent of total PRT paid to             
          the United Kingdom, 34 companies or 76 percent (and accounting              
          for 91 percent of total PRT paid through 1988) had uplift                   
          allowance in excess of nonallowed interest expense.  If the oil             
          allowance is factored into the data, 39 of 45 companies or 87               
          percent (and accounting for 94 percent of total PRT paid through            
          1988) had allowances in excess of nonallowed interest expense.              
               We conclude that PRT constitutes a tax, that the predominant           
          character of PRT constitutes an excess profits or income tax in             
          the U.S. sense, and that PRT paid by Exxon to the United Kingdom            
          for the years in issue is creditable under section 901 against              
          Exxon’s U.S. Federal income tax liability.                                  
               In light of our resolution of the above issues, we need not            
          address Exxon’s alternative argument that PRT qualifies under               
          section 903 as a creditable tax in lieu of an income tax.                   
               To reflect the foregoing,                                              
                                             Decisions will be entered                
                                        under Rule 155.                               






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