The North West Life Assurance Company of Canada - Page 26

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            addressing the issues of this case, we shall keep at the                                   
            forefront our role in the interpretation of conventions.                                   
                  Respondent asserts two principles of convention                                      
            interpretation with which petitioner disagrees.  First,                                    
            respondent argues that the literal terms of a convention must be                           
            interpreted consistently with the expectations and intentions of                           
            the United States in entering the Canadian Convention.  In                                 
            support of this contention, respondent cites United States v.                              
            Stuart, supra at 365-366, and Sumitomo Shoji Am., Inc. v.                                  
            Avagliano, 457 U.S. 176, 185 (1982).  Second, respondent                                   
            represents that the principles of treaty interpretation, set                               
            forth in her brief, were approved by the Office of International                           
            Tax Counsel of the Treasury Department as interpretations                                  
            consistently held by the United States.  Respondent contends that                          
            any contrary interpretations held by Canada are subordinate to                             
            such consistently maintained U.S. interpretations.  Respondent                             
            relies upon United States v. A.L. Burbank & Co., 525 F.2d 9 (2d                            
            Cir. 1975) for support of her contention.                                                  
                  None of these cases supports respondent's position.  As                              
            evidenced by Sumitomo Shoji Am., Inc. v. Avagliano, supra at 180,                          
            and later in United States v. Stuart, supra at 365-366, the                                
            Supreme Court has consistently held that we must consider the                              
            expectations and intentions of both signatories, not just those                            
            of the United States.  The Court states:                                                   





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