The North West Life Assurance Company of Canada - Page 58

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                  We are not persuaded by respondent's assertion that this                             
            statement in the conference report should guide the result in                              
            this case.  To the extent that the statements in the conference                            
            report may be read as expressing the view of the Senate that                               
            section 842(b) is consistent with the Canadian Convention they                             
            are the statements of a subsequent Senate and, therefore, at                               
            best, "form a hazardous basis for inferring the intent of an                               
            earlier one."  South Carolina v. Regan, 465 U.S. 367, 379 n.16                             
            (1984); Consumer Prod. Safety Commn. v. GTE Sylvania, 447 U.S.                             
            102, 117 (1980).  In the end, the courts alone must declare what                           
            the Canadian Convention and particularly Article VII mean.  See                            
            American Exch. Sec. Corp. v. Helvering, 74 F.2d 213, 214 (1934).                           
                  In sum, we are confronted with a situation, in which the                             
            language of Article VII, paragraph (2) is at best murky, and the                           
            interpretations of both parties have advantages and                                        
            disadvantages.  We are impressed that the Canadian Convention may                          
            give an economic advantage to Canadian insurance companies                                 
            operating through a permanent establishment in the United States.                          
            Nevertheless, our view is that petitioner's interpretation of                              
            Article VII, paragraph (2) best carries out the intent of the                              


            20(...continued)                                                                           
            regulatory authority for the Secretary to provide a relief                                 
            mechanism to mitigate the effects of any increase in tax                                   
            resulting from the fact that a taxpayer's deemed income from                               
            required U.S. assets exceeds its actual income from those assets.                          





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