- 55 - 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.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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