- 59 - United States and Canada as set forth in the Canadian Convention and satisfies the purpose of Article VII of the Canadian Convention--to attribute income to a permanent establishment based on its real facts, and, accordingly, we so hold. Having found that petitioner is entitled to relief from section 842(b) based on Article VII, paragraph (2) of the Canadian Convention, we have no need to delve into the question of whether petitioner is also entitled to such relief based on Article XXV, paragraph (6). Finally, we note that respondent did not contend that section 482 applied in the instant case. Accordingly, our decision in the instant case does not consider the application of section 482 in those circumstances in which the Convention also applies. The Executive Branch with the advice and consent of the Senate has the option of negotiating a new protocol with Canada creating an exception similar to one included in subsequent conventions. These conventions contain a general directive to determine profits as if the taxpayer was a separate entity yet also include explicit exceptions permitting each country to apply its own internal methods of taxation to the business profits of an insurance company's permanent establishment. See, e.g., art. 7(7), Tax Convention, U.S.-N.Z., 7/23/82, 35 U.S.T. (Part 2)Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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