The North West Life Assurance Company of Canada - Page 52

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            mortgage holdings.  Petitioner has established that, in fact, it                           
            avoided currency risk and only invested assets in the same                                 
            currencies as its insurance liabilities because of the narrow                              
            profit margins on its products.                                                            
                  As petitioner correctly points out, if petitioner's accounts                         
            were considered so inherently unreliable as to justify ignoring                            
            those accounts for purposes of the Canadian Convention, such a                             
            method should be used in all years, not just when the statute                              
            produces a higher amount than does petitioner's accounts.                                  
            Article VII, paragraph (5) of the Canadian Convention makes clear                          
            that the same method of profit allocation is to be used each year                          
            unless there is a "good and sufficient reason to the contrary."                            
            Paragraph 30 of the Model Commentaries to Article 7, paragraph                             
            (6)17 explains that "a method of allocation once used should not                           
            be changed merely because in a particular year some other method                           
            produces more favourable results".  The parties stipulated that                            
            for 1989 petitioner's actual ECNII and minimum ECNII were                                  
            $19,910,031 and $19,606,065, respectively.  As a result, section                           
            842(b) would not increase petitioner's net investment income for                           
            1989 because petitioner's actual ECNII exceeded petitioner's                               


            17Art. 7(6) of the Model Treaty is substantially similar to                                
            Art. VII(5) of the Canadian Convention.  Art. 7(6) provides in                             
            pertinent part:  "For the purposes of the preceding paragraphs,                            
            the profits to be attributed to the permanent establishment shall                          
            be determined by the same method year by year unless there is                              
            good and sufficient reason to the contrary."                                               




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