- 16 - the generally accepted rule concerning the number of returns which may be filed. * * * * * * * Without prescribing an absolute and rigid rule that whenever the Commissioner files a return for a foreign corporation the taxpayer is completely and automatically denied the benefit of deductions or credits, we yet hold that the facts of the instant case justify a disallowance of deductions which petitioner might otherwise have been entitled to claim, had it filed a timely return in compliance with the statutory requirement. [Blenheim Co. v. Commissioner, 125 F.2d 906, 910 (4th Cir. 1942), affg. 42 B.T.A. 1248 (1942).] In Georday Enterprises v. Commissioner, 126 F.2d 384 (4th Cir. 1942), affg. a Memorandum Opinion of the Board of Tax Appeals dated Sept. 30, 1940, a companion case to Blenheim Co. v. Commissioner, supra, the Board denied deductions under section 233 of the Revenue Acts of 1928 and 1932. The Court of Appeals for the Fourth Circuit affirmed on the basis of Blenheim noting that the case for the disallowance was even stronger because the taxpayer did not attempt to file a return until after a petition had been filed with the Board. One other case deserves some discussion. In Ardbern Co. v. Commissioner, 41 B.T.A. 910 (1940), modified and remanded 120 F.2d 424 (4th Cir. 1941), the taxpayer, a foreign corporation, proffered income tax returns to a revenue agent prior to the date the Commissioner prepared returns and issued a notice of deficiency. The revenue agent refused to accept the returns because they were required to be filed with the Collector ofPage: 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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