Peter M. Haver - Page 4

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          “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,                    






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