- 24 - Treaties and statutes are viewed under the Constitution as on the “same footing”. Whitney v. Robertson, 124 U.S. 190, 194 (1888) (cited in Am. Air Liquide, Inc. & Subs. v. Commissioner, 116 T.C. 23, 28-29 (2001)); see secs. 894(a), 7852(d). Indeed, when a treaty and statute relate to the same subject, the courts will always endeavor to construe them so as to give effect to both, if that can be done without violating the language of either; but if the two are inconsistent, the one last in date will control the other, * * * [Whitney v. Robertson, supra at 194.] For the reasons outlined below, we do not believe that section 267(a)(3) and section 1.267(a)-3, Income Tax Regs., are inconsistent with Article 24(3).9 Article 24(3) provides as follows: A corporation of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which a corporation of that first- mentioned Contracting State carrying on the same activities, the capital of which is wholly owned by one or more residents of that first-mentioned State, is or may be subjected. 9 We note that the rule establishing parity between treaties and Federal laws concerns statutes rather than Treasury regulations, and that petitioner is challenging the regulation in question rather than the statute. However, we need not, and do not, decide whether the regulation is equivalent to a statute for these purposes, because we find that it does not violate Article 24(3). See Blessing & Dunahoo, Income Tax Treaties of the United States (1999), par. 1.03[1][a][ii]; cf. Am. Air Liquide, Inc. & Subs. v. Commissioner, 116 T.C. 23 (2001); UnionBanCal Corp. v. Commissioner, 113 T.C. 309 (1999).Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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