- 22 - petitioner operates its insurance business in the United States through a U.S. permanent establishment. Congress can override a convention provision by enacting a subsequent statute. Reid v. Covert, 354 U.S. 1, 18 (1957). Congress ratified the Canadian Convention in 1984. Convention, Sept. 26, 1980, T.I.A.S. No. 11087, 1986-2 C.B. 258 (effective August 16, 1984). It initially appears that Congress sought to override the Canadian Convention in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, 101 Stat. 1330, by amending section 842 to incorporate subsection 842(b). In the conference report to section 842(b), Congress stated, however, that it did "not intend to apply the general principle that, in the case of a conflict, a later enacted statute prevails over earlier enacted statutes or treaties". H. Conf. Rept. 100-495 (1987) 915, 983, 1987-3 C.B. 193, 263. Respondent contends that we should construe the Canadian Convention so as to harmonize the convention with the statute. If, however, we find that the Canadian Convention and section 842(b) conflict, respondent concedes that the Convention prevails and that no deficiencies in income tax or branch profits tax for the years at issue exist. Petitioner does not challenge the taxation of its actual ECNII or respondent’s calculations of its minimum ECNII for any of the years at issue. Accordingly, if we find that the CanadianPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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