- 22 - Commissioner, T.C. Memo 1994-545. Petitioner has not shown that such a request was made.9 Furthermore, petitioner has not offered any reasons as to why, if the request had been made, it should have been granted. Assuming, but not deciding, that we may have jurisdiction to review the disposition of such a request, we have no basis upon which to make a determination that respondent's action constituted an abuse of discretion. Compare Mailman v. Commissioner, 91 T.C. 1079, 1082 (1988). Lastly, petitioner contends that because section 1.874-1(a), Income Tax Regs., imposes a timely filing requirement on residents of foreign countries including Mexico as a prerequisite to receiving the benefit of deductions, and no such requirement is imposed on U.S. residents, the regulation violates the nondiscrimination clause in Article 25 of the Income Tax Treaty between Mexico and the United States. United States-Mexico Income Tax Treaty, Sept. 18, 1992, Tax Treaties (CCH) par. 5903.27. Petitioner's argument is not well taken. While we question whether there is a conflict between section 874(a) and the provisions of the treaty, the treaty is effective for taxable 9 In the petition, petitioner alleged that he requested a waiver. Respondent denied the allegation in the answer. This case was submitted fully stipulated, and there is nothing in that stipulation establishing that petitioner requested a waiver or, if requested, the grounds for a waiver.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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