- 17 - therein. TAMRA sec. 1012 (aa)(4), 102 Stat. 3532. Thus, the Third Protocol specifically takes into account, as the taxes to which the convention shall apply, the alternative minimum tax as amended by the Tax Reform Act of 1986, including the limitation on the alternative minimum tax foreign tax credit imposed by section 59(a)(2). Accordingly, we find that there is harmony between provisions of the U.S.-Canada treaty and section 59. Pekar v. Commissioner, supra at 163; Brooke v. Commissioner, T.C. Memo. 2000-194 [affd. 13 Fed. Appx. 7 (D.C. Cir. 2001)]. For the reasons set forth in our opinion in Kappus v. Commissioner, supra, we reject petitioners' position that there is conflict between the provisions of the U.S.- Canada treaty and section 59, and we find that petitioners are subject to section 59(a)(2). On the basis of the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
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