- 17 - Internal Revenue at Baltimore, Maryland. However, in refusing to accept the returns the revenue agent failed to instruct the taxpayer how to properly file them; he simply stated that the returns were improperly executed. The Board sustained the Commissioner's disallowance of deductions. The Court of Appeals for the Fourth Circuit reversed. However, the same Court of Appeals later noted in Blenheim Co. v. Commissioner, 125 F.2d at 912, that Ardbern was distinguishable: A substantially different factual situation is presented in the case before us. Here the Commissioner prepared a return only after he had unsuccessfully made repeated requests to the taxpayer to do so, and only after the taxpayer had flouted all of these requests. * * * From these cases we make the following observations. First, although section 874(a) contains no express time limit, at some point there exists a terminal date, after which a taxpayer can no longer claim the benefit of deductions by filing a return. Blenheim Co. v. Commissioner, 42 B.T.A. 1248 (1940); Taylor Sec., Inc. v. Commissioner, 40 B.T.A. 696 (1939). Second, while a terminal date does exist, the timely filing requirements of section 6072(c) are not determinative as to whether a taxpayer is entitled to the benefit of deductions. Anglo-American Direct Tea Trading Co. v. Commissioner, 38 B.T.A. 711 (1938). Third, absent some compelling equitable considerations, such as those existing in Ardbern Co. v. Commissioner, supra, a taxpayer cannot claim the benefit of deductions by filing a return after thePage: 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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