- 39 - the type of standards which will be applicable to final cleanup at the PBU. Far from the AOGCC regulations being somehow distinct and inapplicable, there is every reason to conclude that the State of Alaska will enforce DRR obligations under State leases consistent with the approach applied under these regulations. To the contrary, “expectations” or reasonable and probable “predictions” on the part of Alaska government officials and Exxon’s experts regarding what eventually may be required from the oil companies in the way of Prudhoe Bay fieldwide DRR do not provide a sufficiently fixed and definite basis on which to base the tax accruals sought herein. During the years before us, such expectations and predictions simply do not satisfy the all-events test of section 461. They do not rise to the level of fixed and definite legal obligations. The fact that Exxon annually on its financial income statements accrued a depreciation deduction for DRR costs based on units of oil produced each year does suggest, as Exxon argues, that Exxon’s management considered some accrual of estimated Prudhoe Bay DRR costs appropriate and consistent with Exxon’s financial accounting policies and with generally accepted financial accounting principles. As explained, under FAS 19 oil companies are required to accrue as an expense future DRR costs where the company is under an existing obligation to incur such costs and where such future DRR costs can be estimated with reasonable accuracy.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011