- 195 - shall be collected on the basis of gross income, determined in accordance with �1.882-1 but without regard to any deductions otherwise allocable." Sec. 1.882-4(b)(2), Income Tax Regs. 2. Discussion Petitioners note that regulations promulgated pursuant to section 882(c)(2), as amended in 1990, requiring a "timely filed tax return" before a foreign taxpayer is allowed to offset effectively connected income with deductions allocable thereto, are effective for taxable years ended after July 31, 1990, and therefore that such regulations post-date all of the years in issue. Additionally, petitioners contend that the prior version of such regulations did not contain similar language requiring that a tax return be timely filed as a precondition to deducting items properly allocable to effectively connected income. However, as indicated supra, the prior version of the regulations, which is applicable here, did provide that a foreign corporation would not be allowed such deductions unless it filed a true and accurate return. In the instant cases, LTD has filed no return at all and therefore has failed to comply with the express requirement of the applicable regulations. Respondent, citing Blenheim Co. v. Commissioner, 125 F.2d 906, 911 (4th Cir. 1942), affg. 42 B.T.A. 1248 (1940), and Georday Enters., Ltd. v. Commissioner, 126 F.2d 384, 388 (4th Cir. 1942), affg. an unpublished opinion of the Board of Tax Appeals dated Sept. 30, 1940, contends that, because LTD filed noPage: Previous 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 Next
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