- 13 - In support of their position that the application of section 59(a)(2) conflicts with the provisions of article XXIV, petitioners make three arguments. First, petitioners point out that paragraph 1 of article XXIV provides that the treaty is "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)". Petitioners argue that section 59(a)(2) is not only adverse to the principle of the elimination of double taxation but "repudiates" that principle in that it "subjects a certain portion of a U.S. taxpayer's income to double taxation". Thus, they argue that section 59(a)(2) is not an amendment of U.S. law that is compatible with article XXIV of the treaty dealing with the elimination of double taxation. Second, they argue that section 59(a)(2) cannot be harmonized with paragraphs 4, 5, and 6 of article XXIV, and that the entire paragraph 1 is "subject to the provisions of paragraphs 4, 5, and 6". According to petitioners, paragraphs 4, 5, and 6 of article XXIV provide, in substance, that the United States and Canada have agreed to a method for allocating a U.S. citizen's tax liabilities between the two countries in the case of a U.S. citizen who resides in Canada. In making that allocation, petitioners argue, the United States has agreed that a U.S. citizenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011