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Note: See Safe Harbor Statement at the beginning of today’s presentation.
Cross-Border Leases - Status
● Current Status - IRS Audit and Cross-Border Energy Leases reassessment
† The IRS is challenging tax benefits associated with certain sale-leaseback transactions with tax-
indifferent parties. Historical annual tax benefits derived from the lease portfolio have been approximately
$74 million per year.
† On June 9, 2006, the IRS issued its final Revenue Agent’s Report (RAR) for its audit of PHI’s 2001 and
2002 income tax returns which disallows the tax benefits claimed by PHI for these tax years.
† PHI filed a protest letter in August 2006 against the proposed adjustments. We anticipate the appeals
process to continue through 2008. Final resolution of the issue could still take several years to resolve.
† In the second quarter 2008, PHI recorded a non-cash after-tax charge to earnings of $93 million due to our
reassessment of the sustainability of our tax position on the cross-border energy lease investments.
Annual tax benefits derived from the lease portfolio going forward are approximately $56 million per year.
† Based on the facts relevant to these investments, we continue to believe that the tax treatment we
applied to the lease transactions was appropriate and we intend to defend this position.
● Current Status - Proposed Tax Legislation and IRS global settlement offer
† On June 18, 2008 the Farm, Nutrition and Bio Energy Act of 2007 become law. This legislation did not
contain any provisions that would apply passive loss limitations to leases with foreign tax indifferent
parties. At this time, there is no additional legislation pending in Congress.
† PHI was included in the list of companies receiving a settlement offer letter from the IRS. We received the
letter on August 7 and have 30 days to respond.