The North West Life Assurance Company of Canada - Page 3

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            (Canadian Convention), override section 842(b), which requires a                           
            foreign company conducting an insurance business in the United                             
            States to treat a minimum amount of net investment income as                               
            effectively connected with its conduct of that business.  For the                          
            reasons set forth below, we hold that article VII of the Canadian                          
            Convention, 1986-2 C.B. at 260, overrides section 842(b).                                  
                                         FINDINGS OF FACT                                              
                  Some of the facts have been stipulated and are found                                 
            accordingly.  The stipulation of facts and accompanying exhibits                           
            are incorporated herein by this reference.  The facts found are                            
            those which, unless otherwise specified, existed during the years                          
            at issue.                                                                                  
                  A.    Petitioner                                                                     
                  The North West Life Assurance Co. of Canada (petitioner) is                          
            a life insurance company organized under the corporation laws of                           
            Canada with its principal place of business located in Vancouver,                          
            British Columbia, Canada.  Petitioner operates its life insurance                          
            business solely in the United States and Canada and is in the                              
            business of writing deferred annuities and life insurance                                  
            policies.  Petitioner began operating in the United States (U.S.                           
            branch) in 1971, selecting the State of Washington as its State                            
            of entry and subjecting itself to the insurance laws of that                               
            State and to regulation by that State's insurance commissioner.                            
            Petitioner maintains a sales and underwriting office in Bellevue,                          





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Last modified: May 25, 2011