The North West Life Assurance Company of Canada - Page 54

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            taxpayer is adversely affected if the Court concludes that the                             
            statute as a whole is designed to achieve the appropriate results                          
            for taxpayers in general over the long term.  But both parties                             
            agree that this case does not turn on the validity of the policy                           
            reasons underlying the adoption of section 842(b) (i.e., the                               
            potentially abusive ability of foreign insurance companies to                              
            hold excess liquid assets outside of the U.S. or to hold higher                            
            yielding assets outside of the U.S.), and we agree with them.                              
                  Respondent retained Christian DesRochers of the Avon                                 
            Consulting Group18  to give his professional opinion as to the                             
            economic impact of section 842(b).  DesRochers analyzed section                            
            842(b) and the hypothetical impact of applying the formula                                 
            therein to the U.S. branches of Canadian insurance companies.                              
                  DesRocher's analysis of the impact of section 842(b) on                              
            taxpayers not before us is of little help.  As a threshold                                 
            matter, respondent's argument raises an issue as to the proper                             
            factual focus of our review.  Respondent argues that the United                            
            States, Canada, and petitioner all accepted that a domestic                                
            attribution rule would be tested against Article VII on the basis                          
            of the circumstances of all Canadian life insurance companies                              
            rather than just on a particular taxpayer's facts.  To support                             


            18Mr. DesRochers holds an undergraduate degree in political                                
            science from the University of Connecticut.  He is a Fellow of                             
            the Society of Actuaries and a member of the American Academy of                           
            Actuaries.                                                                                 




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