- 35 - paragraph (2) is correct. The extrinsic evidence and the Model Treaty and Commentaries, on which the Canadian Convention is based in part, support that construction. The Senate's preratification materials to the Convention do not ascribe a different meaning to the separate-entity language of Article VII, paragraph (2). See S. Exec. Rept. 98-22, 20 (1984). Moreover, it is consistent with the approach historically taken by the United States and Canada. Art. III(1) of the Convention on Double Taxation, Mar. 4, 1942, U.S.-Can., T.S. No. 983, 56 Stat. 1399.11 While the Treasury's interpretation, set forth in the Technical Explanation, is particularly persuasive in light of the fact that the Canadian Department of Finance has generally accepted the Technical Explanation as an accurate portrayal of the understandings and context in which the Convention was negotiated, see ALI Project, 18 (1992); Canadian Department of Finance, Rel. No. 81-6 (Feb. 4, 1981), we think that respondent 11Art. III(1) in the second income tax convention with Canada signed in 1942 provided in pertinent part: 1. If an enterprise of one of the contracting States has a permanent establishment in the other State, there shall be attributed to such permanent establishment the net industrial and commercial profit which it might be expected to derive if it were an independent enterprise engaged in the same or similar activities under the same or similar conditions. Such net profit will, in principle, be determined on the basis of the separate accounts pertaining to such establishment. * * *Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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