The North West Life Assurance Company of Canada - Page 55

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            this contention, respondent relies in part on the discussion in                            
            the Technical Explanation, see supra pp. 33-34.  In respondent's                           
            view, because both countries expected all of their respective                              
            domestic attribution rules to apply, it follows that each country                          
            expected the domestic rule to be reviewed based on the facts of                            
            the entire industry.                                                                       
                  We need not engage in a detailed analysis of whether various                         
            foreign insurance companies pay Federal income tax in accordance                           
            with our tax laws.19  Respondent's argument essentially ignores                            
            the language of the referenced discussion of the Technical                                 
            Explanation, see supra pp. 33-34.  As we previously discussed,                             
            see supra pp. 36-37, we do not believe that the United States and                          
            Canada intended for all domestic attribution rules to be                                   
            preserved under Article VII.                                                               
                  Throughout Article VII and particularly Article VII,                                 
            paragraph (2), the language therein refers only to a single                                
            permanent establishment rather than the industry in which the                              
            establishment operates.  When the language is reasonably clear,                            

            19Respondent's proposed findings of fact include data                                      
            relating to other Canadian life insurance companies carrying on                            
            insurance businesses through branches in the United States.  On                            
            brief, petitioner objected to the relevancy of these findings                              
            unless the Court concluded that they were relevant "in light of                            
            the ‘test case’ aspect of the proceeding".  Because we have                                
            decided the controverted issues without considering these                                  
            stipulations in our Findings of Fact and our Opinion, the                                  
            admissibility of these stipulations has become moot.  Although we                          
            reviewed all the material submitted in this case, we only address                          
            facts affecting petitioner.                                                                




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