- 5 - The Taxpayer is taking the position that paragraph 1 of Article XXIV was enacted to eliminate double taxation of citizens of the U.S. and that Paragraphs 1, 4, 5 and 6 of Article XXIV override U.S. Domestic tax law. Therefore the foreign tax credit to be allowed by the U.S. under the Canada-U.S. Tax Convention should not be affected by the 90% limitation in the U.S. AMT Rules. Respondent concedes that this Form 8833 disclosed petitioners' position, that a treaty of the United States overrules or modifies an internal revenue law, as required by section 6114. Respondent mailed a notice of deficiency to petitioners with respect to their U.S. return. In that notice, respondent determined that petitioners' alternative minimum tax for 1998 is $50,200. Respondent determined that petitioners' precredit alternative minimum tax was $501,999, and that their alternative minimum tax foreign tax credit was limited to $451,799, or 90 percent, of that precredit amount. In effect, respondent determined that petitioners' alternative minimum tax foreign tax credit for 1998 is subject to limitation under section 59(a)(2), contrary to the position set forth by petitioners on their Form 8833. This case requires us to examine section 59(a)(2) and the provisions of the U.S.-Canada treaty dealing with the elimination of double taxation. We must determine whetherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011