The North West Life Assurance Company of Canada - Page 59

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            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)                               







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Last modified: May 25, 2011