- 8 - 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 addedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011