Cornell Law Review Volume 47 Article 2 Issue 4 Summer 1962 Liberal Construction of Tax Treaties An Analysis of Congressional and Administrative Limitations of an Old Doctrine Herrick K. Lidstone Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Herrick K. Lidstone, Liberal Construction of Tax Treaties An Analysis of Congressional and Administrative Limitations of an Old Doctrine , 47 Cornell L. Rev. 529 (1962) Available at: http://scholarship.law.cornell.edu/clr/vol47/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. LIBERAL CONSTRUCTION OF TAX TREATIES-AN ANALYSIS OF CONGRESSIONAL AND ADMINI- STRATIVE LIMITATIONS OF AN OLD DOCTRINE Herrick K. Lidstonet Automatic data processing, identification numbers for taxpayers, with- holding of income tax from dividends and interest, and tax subsidies for investments in new equipment, revolutionary as they are in United States tax philosophy,' could normally have been expected to obscure the bitter infighting over those portions of H.R. 10650, the Revenue Bill of 1962, which prescribe new rules for taxation of foreign income.2 However, two years of publicizing the flow of gold toward Europe have so dramatized the possibilities for income tax avoidance (and even evasion) in foreign operations and through foreign bank accounts and tax havens that envious taxpayers can almost sympathize with Ingemar 'Johansson's failure to convince the district court that he was the fighting chattel of a Swiss corporation.3 From 1954 to 1961 the political battle was for freedom from income tax on foreign earnings.