- 15 - and issued a notice of deficiency. Thereafter, the corporation's secretary filed a Form 1120 for the year in question. The Board held that the filing of Form 1120H did not satisfy the requirements of section 233 of the Revenue Acts of 1928 and 1932 because the personal holding company surtax was a separate and distinct tax from the corporate income tax. The Board went on to distinguish its holding in Anglo-American Direct Tea Trading Co. v. Commissioner, supra, noting that Undoubtedly a taxpayer may litigate a determination of respondent on the basis of a return made by * * * [respondent]. But, a "return" filed by a taxpayer after such a return has been prepared and filed for him by respondent, under the circumstances existing here, is a nullity and does not comply with section 233, supra. The taxpayer can not thus take advantage from an alleged return submitted by the taxpayer not only after respondent's filing of its return * * * but also after the issuance of a notice of deficiency. * * * [Blenheim Co. v. Commissioner, 42 B.T.A. at 1251.] The Court of Appeals for the Fourth Circuit affirmed the Board of Tax Appeals. However, rather than simply relying on Taylor Sec., Inc. v. Commissioner, supra, the Court of Appeals for the Fourth Circuit placed emphasis on the fact that the taxpayer filed a return after the Commissioner had prepared a substitute return for the taxpayer. The Court stated: The conclusion that the preparation of a return by the Commissioner a reasonable time after the date it was due terminates the period in which the taxpayer may enjoy the privilege of receiving deductions by filing its own return, is consistent not only with the intention of Congress * * * but also with considerations of sound administrative procedure andPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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