The North West Life Assurance Company of Canada - Page 57

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                  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...)                




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