Robert M. and Pamela Price - Page 14




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            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,                 






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