February 13, 2013
[Note: Miller & Chevalier filed an amicus brief in this case on behalf of American Electric Power Co. in support of PPL.]
PPL has filed its reply brief in the Supreme Court, thus completing the briefing. The brief responds at length to the government’s contention that the U.K. Windfall Tax should be viewed as a tax on value because it assertedly resembles “familiar” and “well-established” methods of measuring value. In fact, the reply brief maintains, the tax “is a tax on value in name only.” The reply brief observes that the tax involves “a backward-looking calculation driven entirely by actual, realized profits” and that it is “imposed on the income-generating companies themselves,” rather than on “the holder of the valuable asset.” The reply brief then states that the rest of the government’s arguments “all depend on the flawed premise that form trumps substance when it comes to the base of a foreign tax.” The difficulties with that premise were addressed extensively in PPL’s opening brief and are further addressed in the reply brief.
Oral argument is set for February 20.