- 4 - “accordance with the provisions and subject to the limitations of the law of the United States”. Petitioner notes that section 59(a)(2)(A) was enacted as part of the Tax Reform Act of 1986, Pub. L. 99-514, sec. 701(a), 100 Stat. 2320, and that the U.S.-Germany treaty was ratified on August 21, 1991. Petitioner contends, contrary to our holdings in Pekar and Brooke, that irreconcilable differences exist between the U.S.-Germany treaty and section 59(a)(2)(A) and that the treaty controls because it was ratified at a later date. See, e.g., Taylor v. Morton, 23 F. Cas. 784, 786-787 (C.C.D. Mass. 1855) (establishing the so-called later in time rule), affd. 67 U.S. (2 Black) 481 (1863). Petitioner concedes, however, that we must attempt to reconcile a statute with a potentially conflicting treaty before applying the later in time rule. See, e.g., Whitney v. Robertson, 124 U.S. 190, 194 (1888); Murray v. Schooner Charming Betsy, 6 U.S. (2 Cranch) 64, 118 (1804) (“an Act of Congress ought never to be construed to violate the law of nations if any other possible construction remains”). Respondent argues that this Court can reconcile the statute with the treaty as it did in Pekar and Brooke, and that we should follow those cases. We agree with respondent. In Pekar v. Commissioner, supra, and Brooke v. Commissioner, supra, we concluded that article 23(1) specifically recognized the “provisions” and “limitations” of existing U.S. law,Page: Previous 1 2 3 4 5 Next
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