- 11 - entities over and beyond the 50 States constituting the United States plus the District of Columbia. We need not tarry long over this first argument. The partnerships argue, among other things, that including foreign agencies is consistent with the use of the term "State" in the international context. We quote from the partnerships' opening brief: Including foreign agencies in the definition of "comparable State agency" is also consistent with the general usage of the term "State" in the international tax context. Although "State" naturally is often limited to the U.S. states when used domestically, it more typically is used internationally to refer to national governments. For example, in the U.S./Australia income tax treaty, the term is defined as follows: The term "State" means any National State, whether or not one of the Contracting States. Convention Between the Government of the United States of America and the Government of Australia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, Article 3(1)(h), reprinted in 1986-2 C.B. 220. Following this quotation, the partnerships simply state that, based on the treaty definition, a broader reading of the term "State" is more appropriate "in this context". We think it indisputable that the term "State", as it appears in section 175(c)(3)(A)(ii), denotes one of the States and the District of Columbia which, taken as a whole, constitutePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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