- 21 - We hold in the circumstances of this case that the submission of returns by petitioner after substitute returns had been prepared by respondent, and after petitioner had been notified that no deductions are allowable but prior to the issuance of the notice of deficiency, is insufficient to avoid the sanction of section 874(a). We recognize that the application of section 874(a) in this case may appear draconian. That result, however, flows from the nature of the statute. As we have suggested, were we to hold otherwise we essentially would reward petitioner for ignoring the repeated requests that he comply with the filing requirements of the Code. By the same token we, as did the Court of Appeals for the Fourth Circuit in Blenheim Co. v. Commissioner, 125 F.2d 906 (4th Cir. 1942), affg. 42 B.T.A. 1248 (1940), decline at this time to adopt an absolute and rigid rule for all cases. Petitioner also contends that respondent acted unreasonably in failing to grant a waiver of the filing deadlines set forth in section 1.874-1(b)(1), Income Tax Regs., as permitted by section 1.874-1(b)(2), Income Tax Regs. Section 1.874-1(b)(2), Income Tax Regs., provides that the deadlines may be waived "in rare and unusual circumstances if good cause for such waiver, based on the facts and circumstances, is established by the nonresident alien individual." As a preliminary matter, however, petitioner must establish that he requested a waiver. Cf. Sisson v.Page: 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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