Robert M. and Pamela Price - Page 7




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                 the two are inconsistent, the one last in date                       
                 will control the other, provided always the                          
                 stipulation of the treaty on the subject is self-                    
                 executing. * * *                                                     

                 The U.S.-Canada treaty, as amended by the First and                  
            Second Protocols, entered into force on August 16, 1984.                  
            Paragraph 1 of article XXIV provides the general rule as                  
            follows:                                                                  

                 1.  In the case of the United States, subject                        
                 to the provisions of paragraphs 4, 5, and 6,                         
                 double taxation shall be avoided as follows:                         
                 In accordance with the provisions and subject to                     
                 the limitations of the law of the United States                      
                 (as it may be amended from time to time without                      
                 changing the general principle hereof), the                          
                 United States shall allow to a citizen or                            
                 resident of the United States, or to a company                       
                 electing to be treated as a domestic corporation,                    
                 as a credit against the United States tax on                         
                 income the appropriate amount of income tax paid                     
                 or accrued to Canada * * *                                           

            Paragraph 4 of article XXIV provides the following rule                   
            applicable to U.S. citizens who are residents in Canada:                  

                 4.  Where a United States citizen is a resident                      
                 of Canada, the following rules shall apply:                          
                      (a)  Canada shall allow a deduction from                        
                 the Canadian tax in respect of income tax paid                       
                 or accrued to the United States in respect of                        
                 profits, income or gains which arise (within the                     
                 meaning of paragraph 3) in the United States,                        
                 except that such deduction need not exceed the                       
                 amount of the tax that would be paid to the                          
                 United States if the resident were not a United                      
                 States citizen; and                                                  






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