- 7 - Robertson, 124 U.S. 190, 194 (1888); Square D Co. & Subs. v. Commissioner, 118 T.C. 299, 313 (2002). The estate argues that this paragraph in the 1995 Protocol overrides section 2106, allows the Canadian-registered charities to be treated as U.S. residents, and allows the estate the full charitable deduction. Respondent argues that the convention, as amended by the 1995 Protocol, does not change the result from that under section 2106. With regard to interpreting the 1995 Protocol, we stated in N.W. Life Assurance Co. of Can. v. Commissioner, 107 T.C. 363, 378-379 (1996): The goal of convention interpretation is to “give the specific words of a * * * [convention] a meaning consistent with the genuine shared expectations of the contracting parties”. Maximov v. United States, 299 F.2d 565, 568 (2d Cir. 1962), affd. 373 U.S. 49 (1963). Courts liberally construe treaties to give effect to their purpose. United States v. Stuart, 489 U.S. 353, 368 (1989); Bacardi Corp. of Am. v. Domenech, 311 U.S. 150, 163 (1940). * * * “Although not conclusive, the meaning attributed to treaty provisions by the 7(...continued) legislation. Both are declared by that instrument to be the supreme law of the land, and no superior efficacy is given to either over the other. When the two 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, provided always the stipulation of the treaty on the subject is self- executing. * * * Whitney v. Robertson, 124 U.S. 190, 194 (1888).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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