The North West Life Assurance Company of Canada - Page 29

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            respondent's position and hence the deference that the Court is                            
            able to afford to that interpretation.                                                     
            IV. Article VII of the Canadian Convention                                                 
                  Petitioner argues that paragraphs 1, 2, and 7 of article VII                         
            of the Canadian Convention require that profits be attributed to                           
            its permanent establishment as if the latter were a separate                               
            entity distinct from petitioner's head office, with income                                 
            measured by reference to the permanent establishment's own                                 
            specific operations.  Petitioner goes on to argue that the                                 
            statute mandates the application of section 842(b) in all                                  
            instances where there is effectively connected investment income.                          
            If the actual income is less than the minimum under the statute,                           
            then the provision applies--a result that, in petitioner's                                 
            opinion, conflicts with article VII, paragraphs (1), (2), and                              
            (7), which petitioner interprets to preclude taxing Canadian                               
            companies on a fictional amount that is greater than their actual                          
            income derived from their business in the United States.                                   
                  Respondent raises various arguments supporting why section                           
            842(b) is consistent with article VII of the Canadian Convention                           
            and contends: (1) Section 842(b) is a permissible method of                                
            attributing profits to a permanent establishment under article                             
            VII; (2) section 842(b) serves as a backstop to section 842(a)                             
            and corrects any underreporting by foreign insurance companies of                          
            their actual ECNII; and (3) the United States Senate, which                                





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