- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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