- 54 - 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.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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