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Xerox Corp. v. United States, 41 F.3d 647, 658 (Fed. Cir. 1994).
Accordingly, we proceed to consider the relationship between
section 59 and the double taxation prohibitions found in each of
the two treaties, the U.S.-U.K. treaty and the U.S.-Germany
treaty.
A. U.S.-U.K. Treaty
Article 23 of the U.S.-U.K. treaty generally prohibits
double taxation and provides to U.S. residents and citizens a
credit against their U.S. income tax in an "appropriate amount".
U.S.-U.K. treaty, art. 23(1). An "appropriate amount" is defined
as that amount of tax paid to the United Kingdom, not to exceed
the limitations provided by U.S. law for that taxable year. Id.
One of the limitations for the 1995 taxable year was the foreign
tax credit limitation of section 59. Therefore, the U.S.-U.K.
treaty provides for the imposition of the tax credit limit, and
the treaty and the Code may be harmonized and the limit applied
to petitioner.
Even if one were to argue that the U.S.-U.K. treaty
provision for "limits of law for the taxable year" included only
those in effect when the treaty was adopted and that the Code and
the treaty conflicted, such a conflict does not work to
petitioner's advantage. If there is a conflict, the Code section
will supersede the treaty provision because of the "last-in-time"
rule. See Lindsey v. Commissioner, supra. Section 59 was added
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