- 57 - be usable by more than one such trade or business simultaneously. * * * [H. Conf. Rept. 100-495 (1987) at 984, 1987-3 C.B. 193, 264.] But such a conclusion does not affect the outcome of this case. To begin with, as previously noted, the issues in this case do not concern policy in section 842(b) or any other provisions of the Internal Revenue Code. Rather, the issues concern whether the statute comports with our convention obligations. Unfortunately, in the instant case, section 842(b) cannot survive in the presence of the Canadian Convention. Finally, respondent argues that we should construe section 842(b) as agreeing with the Canadian Convention because the United States Senate, which advised and consented to the Canadian Convention and approved the statute, believed the statute did not violate any existing conventions. In support, respondent points to several statements in the conference report to section 842(b).20 20The conference report, H. Conf. Rept. 100-495, at 983-984, 1987-3 C.B. 263-264, listed several factors, originally developed by the Treasury Department, indicating why section 842(b) and United States treaties were consistent:(1) Section 842(b) applies to life insurance companies in a manner substantially similar to the present-law rules which Treasury did not consider to violate United States treaties; (2) section 842(b) attributes to the U.S. trade or business of a foreign life insurance company an amount of assets determined by reference to the assets of comparable domestic insurance companies, thereby reasonably measuring the amount of assets that the U.S. trade or business of a foreign insurance company would be expected to have were it a separate company dealing independently with non-United States offices of the foreign insurance company; and (3) section 842(b) furnishes (continued...)Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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