Inverworld, Inc., et al. - Page 115

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            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 no                             





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