Paul J. Pekar - Page 9




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          to the Code by the Tax Reform Act of 1986, Pub. L. 99-514, sec.             
          701(a), 100 Stat. 2336, 6 years after the U.S.-U.K. treaty became           
          effective.  Because the Code section was enacted after the                  
          treaty, the Code section would prevail if we were to find a                 
          conflict between the treaty and the Code, resulting in                      
          petitioner's liability for the tax.                                         
               B. U.S.-Germany Treaty                                                 
               With language similar to that used in the U.S.-U.K. treaty,            
          the double taxation provision of the U.S.-Germany treaty first              
          recognizes that the treaty is subject to the existing limitations           
          placed by U.S. law and then provides guidelines for the avoidance           
          of double taxation by the two countries.  See U.S.-Germany                  
          treaty, art. 23.  Although we have interpreted the U.S.-U.K.                
          treaty, the U.S.-Germany treaty has not previously been                     
          interpreted by this Court.  The U.S.-Germany treaty provision               
          details:  (1) When and how the United States will provide foreign           
          tax credits to its taxpayers to alleviate double taxation, (2)              
          when and how Germany will provide similar relief to its citizens            
          through the use of foreign tax credits and income exemptions, and           
          (3) how to apply a special set of credit and income-sourcing                
          rules for U.S. citizens resident in Germany receiving a certain             
          type of income.  See U.S.-Germany treaty, art. 23(1)-(3).  The              
          paragraphs pertinent to petitioner's circumstances are the first            







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