Tom and Louise Kappus - Page 14




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          Act of 1986, including section 59(a)(2), would apply                        
          "notwithstanding any treaty obligation of the United States in              
          effect on the date of the enactment of the Reform Act".  The                
          Third and Fourth Protocols on which petitioners rely, became                
          effective after Congress enacted section 59(a)(2) of the Code and           
          section 1012(aa)(2) of TAMRA.  Neither of the later protocols               
          mentions the limitation of the alternative minimum tax foreign              
          tax credit imposed by section 59(a)(2) or section 1012(aa)(2) of            
          TAMRA.  Thus, neither the Third or Fourth Protocol contains a               
          clearly expressed intent to supersede section 59(a)(2).                     
               To the contrary, the language of the Third Protocol                    
          contemplates that the U.S.-Canada treaty accepted the changes to            
          U.S. revenue laws that were made by the Tax Reform Act of 1986,             
          including the enactment of section 59(a)(2).  As noted above,               
          article 1 of the Third Protocol expressly provides that the taxes           
          existing on March 17, 1995, to which the treaty applies, in the             
          case of the United States, are "the Federal income taxes imposed            
          by the Internal Revenue Code of 1986."  It was also the statute             
          that substantially revised the alternative minimum tax on                   
          noncorporate taxpayers and enacted the predecessor of section               
          59(a)(2).  Tax Reform Act of 1986, sec. 701, 100 Stat. 2320.                
          Section 1012(aa)(2) of TAMRA which codified the last in time rule           
          with respect to the revision of the alternative minimum tax rules           
          was enacted as a technical amendment to the Tax Reform Act of               






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