The North West Life Assurance Company of Canada - Page 42

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            using the accounts of a permanent establishment) may be adopted                            
            under the guidance of paragraph 23, the other method must be                               
            customary and based on suitable criteria or the circumstances                              
            must be exceptional.                                                                       
                  Respondent contends that section 842(b) is customary because                         
            it is substantially similar to the prior sections 819(a)13                                 

            13Sec. 819(a) of the Internal Revenue Code of 1954, as                                     
            amended and in effect for 1983, provided in pertinent part:                                
                        (1) In general.--In the case of any foreign                                    
                  corporation taxable under this part, if the minimum                                  
                  figure determined under paragraph (2) exceeds the                                    
                  surplus held in the United States, then--                                            
                              (A) the amount of the policy and other                                   
                        contract liability requirements (determined under                              
                        section 805 without regard to this subsection),                                
                        and                                                                            
                              (B) the amount of the required interest                                  
                        (determined under section 809(a)(2) without regard                             
                        to this subsection),                                                           
                  shall each be reduced by an amount determined by                                     
                  multiplying such excess by the current earnings rate                                 
                  (as defined in section 805(b)(2)).                                                   
                        (2) Definitions.--For purposes of paragraph (1)--                              
                              (A) The minimum figure is the amount                                     
                        determined by multiplying the taxpayer's total                                 
                        insurance liabilities on United States business by                             
                        a percentage for the taxable year to be determined                             
                        and proclaimed by the Secretary.                                               
                  The percentage determined and proclaimed by the                                      
                  Secretary under the preceding sentence shall be based                                
                  on such data with respect to domestic life insurance                                 
                  companies for the preceding taxable year as the                                      
                  Secretary considers representative.  Such percentage                                 
                                                                         (continued...)                




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