- 197 - amounts, infra pp. 215-220. We conclude that, because LTD filed no returns, it is not entitled to any deductions for the direct costs in all of LTD's income categories other than "Interest Income" or for compensation expenses for the fees already paid by LTD to INC. In Blenheim Co. v. Commissioner, supra, the taxpayer, a foreign corporation, filed a personal holding company surtax return (Form 1120H) but not an income tax return (Form 1120). The Commissioner's "Extended efforts * * * to get * * * [the taxpayer] to file a Form 1120 return voluntarily were unsuccessful", and the Commissioner was "forced by * * * [the taxpayer's] inactivity and uncooperative attitude to prepare a return for * * * [the taxpayer]". Id. at 909. In the return that the Commissioner prepared for the taxpayer, the Commissioner disallowed deductions and credits pursuant to section 233 of the Revenue Act of 1934.28 The Commissioner then sent a notice of deficiency to the taxpayer based on that return. Id. The taxpayer then filed an income tax return (Form 1120) that included "a breakdown of petitioner's income and claimed deductions." Id. The Board of Tax Appeals held that the circumstances of the case warranted the disallowance of the deductions. The Court of Appeals for the Fourth Circuit affirmed, stating that 28 Sec. 233 of the Revenue Act was the predecessor statute to sec. 882(c)(2) of both 1954 I.R.C. and 1986 I.R.C.Page: Previous 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Next
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