- 14 - residing in Canada need not pay U.S. income tax greater than the amount that would have been paid by a taxpayer who is not a U.S. citizen. Petitioners argue that this means that since they had no U.S.-source income in 1998, they would not have been subject to alternative minimum tax if they were not U.S. citizens. Therefore, petitioners argue, the section 59(a)(2) limitation is not applicable to them by reason of the provisions of article XXIV. Finally, petitioners argue that this Court "has previously determined that a conflict exists between section 59(a)(2) and the U.S.-Canada treaty" in Jamieson v. Commissioner, T.C. Memo. 1995-550, affd. without published opinion 132 F.3d 1481 (D.C. Cir. 1997). In support of their position that the treaty is the last expression of the sovereign will of the United States, petitioners rely on the fact that "the ratification of the Third and Fourth Protocols in 1995 and 1997, [took place] some nine and eleven years following the enactment of section 59(a)(2)." Petitioners argue that treaty protocols are the last expression of sovereign will of the contracting parties even if the relevant treaty provision is not amended. Moreover, petitioners point out that the amendments made by articles 1, 3, and 12 of the Third Protocol did affect the provisions at issue in this case,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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