William David and Judith A. Jamieson - Page 4

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            1980, T.I.A.S. 11087, prohibits, as double taxation, the                                   
            limitation of section 59(a)(2).3  More specifically, petitioners                           
            contend that application of section 59(a)(2) violates article                              
            XXIV(4)(b) and article XXIX(2) and (3) of the U.S.-Canada Treaty.                          
                  Article XXIV(4)(b), Elimination of Double Taxation,                                  
            provides, in pertinent part, "For the purposes of computing the                            
            United States tax, the United States shall allow as a credit                               
            against United States tax the income tax paid or accrued to                                
            Canada".  Article XXIX(2) provides, in pertinent part, that                                
            nothing in the U.S.-Canada Treaty shall prevent the United States                          
            or Canada from taxing its citizens as if there were no convention                          
            between the U.S. and Canada with respect to income taxes on                                
            income and on capital.  Article XXIX(3) provides, however, that                            
            the provisions of paragraph (2) shall not affect the obligations                           
            undertaken by the two countries with respect to article XXIV,                              
            Elimination of Double Taxation.                                                            
                  Petitioners conclude that the above U.S.-Canada Treaty                               
            provisions forbidding double taxation of income override the                               
            provisions of section 59(a)(2).  Citing Lindsey v. Commissioner,                           
            98 T.C. 672 (1992), affd. without published opinion 15 F.3d 1160                           
            (D.C. Cir. 1994), respondent contends that the limitations of                              

            3     The treaty became effective on Aug. 16, 1984, having been                            
            signed on Sept. 26, 1980, and amended on June 14, 1983, and                                
            Mar. 28, 1984, and was in effect during 1987.  The treaty was                              
            further amended on Aug. 31, 1994, but that amendment had not been                          
            ratified as of the date of this opinion.                                                   




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