Robert M. and Pamela Price - Page 12




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                 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).                                                                 





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