Briefing Completed in PPL
July 7, 2011
[Note: Miller & Chevalier represents amicus curiae American Electric Power Co. in this case.]
The PPL case is now fully briefed in the Third Circuit and ready for oral argument, which has been tentatively scheduled for September 22. PPL’s response brief addresses in detail the considerable evidence presented to the Tax Court regarding the operation and effect of the U.K. windfall tax, arguing that the evidence conclusively shows that the tax operated like a typical U.S. excess profits tax and therefore should qualify for a foreign tax credit. Amerian Electric Power Co. filed an amicus curiae brief in support of PPL that focuses primarily on discussing the precedents that call for courts to consider the kind of extrinsic evidence introduced by PPL. The government’s reply brief, like the one it filed in the companion Entergy case (see here), backs away from its previous argument that the court cannot ever consider extrinsic evidence. The government maintains, however, that PPL’s evidence was not probative and that the Tax Court should have denied creditability because the UK windfall tax describes the tax as being on “value.”
PPL – Taxpayer’s Response Brief
PPL – Government’s Reply Brief
