- 5 - Pekar v. Commissioner, 113 T.C. 158, 161 (1999), and in Brooke v. Commissioner, T.C. Memo. 2000-194, affd. per curiam 13 Fed. Appx. 7 (D.C. Cir. 2001), which held that section 59(a)(2) and the double taxation provision of the Convention Between the Federal Republic of Germany and the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital and to Certain Other Taxes (hereinafter U.S.-Germany treaty), August 29, 1989, U.S.-Germany, art. 23, 30 I.L.M. 1778, 1779, were in harmony. Respondent further contends that if the Court were to find that section 59(a)(2) and the treaty are in conflict, then section 59(a)(2) is the last expression of the sovereign will of the United States and must be applied to petitioners, in any event. B. Applicable Statutes and U.S.-Canada Treaty Provisions The U.S.-Canada treaty, signed on September 26, 1980, and amending protocols, signed on June 14, 1983 (First Protocol)4 and March 28, 1984 (Second Protocol)5, respectively, were entered 4 Protocol Amending the Convention Between the United States of America and Canada With Respect to Taxes on Income and on Capital, Sept. 26, 1980, S. Treaty Doc. 98-7 (1983) (hereinafter First Protocol). 5 Protocol Amending the Convention Between the United States of America and Canada With Respect to Taxes on Income and on Capital, Sept. 26, 1980, as amended by the Protocol on June 14, 1983, S. Treaty Doc. 98-22 (1984) (hereinafter Second (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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