- 12 - 2. Notwithstanding paragraph 1, the taxes existing on March 17, 1995 to which the Convention shall apply are: * * * * * * * (b) In the case of the United States, the Federal income taxes imposed by the Internal Revenue Code of 1986. * * * Thus, the Third Protocol makes specific reference to the Internal Revenue Code of 1986, the Code as renamed by TRA. TRA sec. 2(a), 100 Stat. 2095. The Fourth Protocol was signed on July 29, 1997, and entered into force on December 16, 1997. The Fourth Protocol made no modifications to article XXIV of the U.S.- Canada treaty. There is no mention in the Third or the Fourth Protocol of the enactment of section 59 by TRA, or the enactment of section 1012(aa)(2) of TAMRA. Petitioners contend that a conflict exists between section 59(a)(2) and article XXIV of the U.S.-Canada treaty, and that article XXIV of the U.S.-Canada treaty, which is the later expression of the sovereign will of the United States by reason of the entry into force of the Third and Fourth Protocols, precludes the application of section 59(a)(2) to them. Petitioners contend that, as a result, their alternative minimum tax foreign tax credit cannot be reduced by the limitation set forth in section 59(a)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011