Robert M. and Pamela Price - Page 17




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                 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.                               





















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