- 58 - 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.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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