Guillermo Baez Espinosa - Page 12

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          section 874(a), or its predecessors, in the context of an                   
          untimely submitted return.8  However, more than half a century              
          ago, the Board of Tax Appeals wrestled with the issue in a series           
          of cases that arose under the predecessor to section 882(c)(2).             
          Because of the similarity of sections 874(a) and 882(c)(2), in              
          both language and the intent of the provisions, we interpret them           
          in pari materia.                                                            
               In Anglo-American Direct Tea Trading Co. v. Commissioner, 38           
          B.T.A. 711 (1938), a revenue agent prepared overdue returns for a           
          foreign corporation, without notifying the corporation, 3 days              
          before the corporation filed its own returns.  Apparently, the              
          returns prepared by the revenue agent were never submitted to, or           
          accepted by, the Commissioner.  Nevertheless, the Commissioner              
          determined that the corporation was not entitled to any                     
          deductions because the returns were not filed timely.  The Board            
          of Tax Appeals, the predecessor of this Court (sometimes herein             
          referred to as the Board), held that section 233 of the Revenue             
          Act of 1928, ch. 852, 45 Stat. 849, and Revenue Act of 1932, ch.            
          209, 47 Stat. 230, did not include a requirement that the returns           

          8   See, however, Brittingham v. Commissioner, 66 T.C. 373,                 
          408-409 (1976), affd. per curiam 598 F.2d 1375 (5th Cir. 1979);             
          Inverworld, Inc. v. Commissioner, T.C. Memo. 1996-301; Ross v.              
          Commissioner, 44 B.T.A. 1 (1941), vacated and remanded per                  
          stipulation 43-2 USTC par. 9686 (4th Cir. 1943); Roerich v.                 
          Commissioner, 38 B.T.A. 567 (1938), affd. 115 F.2d 39 (D.C. Cir.            
          1940); Furst v. Commissioner, 19 B.T.A. 471 (1930).  In these               
          cases, no returns were filed, and the question whether returns              
          were timely was not at issue.                                               




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