Inverworld, Inc., et al. - Page 154

                                                - 230 -                                                   
            to deduct pursuant to section 882(c).  Pursuant to Blenheim Co.                               
            v. Commissioner, 125 F.2d 906 (4th Cir. 1942), and Georday                                    
            Enters., Ltd. v. Commissioner, 126 F.2d 384 (4th Cir. 1942),                                  
            discussed supra pp. 185-188, however, we hold that LTD is                                     
            precluded from receiving the benefits of any deductions it might                              
            have otherwise been entitled to claim had it filed a timely,                                  
            true, and accurate return pursuant to section 882(c)(2).  In the                              
            instant case, the correlative adjustment to LTD’s income is in                                
            the form of a deduction pursuant to section 882(c)(1)(A).                                     
            Accordingly, LTD will not be entitled to a correlative adjustment                             
            to its income.                                                                                
                  We have previously addressed the issue of double taxation                               
            with regard to a section 482 correlative adjustment.  In Collins                              
            Electrical Co. v. Commissioner, 67 T.C. 911 (1977), we made a                                 
            primary adjustment against the taxpayer without addressing the                                
            issue whether the related party, not a party to the action then                               
            before us, would ultimately receive its correlative adjustment.                               
            We cautioned, however:                                                                        
                  We do not intend our holding on this issue to be read to                                
                  sanction a double tax on the same income--a tax as a result                             
                  of the primary adjustment without an accompanying                                       
                  correlative adjustment.  Section 482 indeed contemplates                                
                  that when the Commissioner allocates income to one commonly                             
                  controlled organization he will make a correlative                                      
                  adjustment in the income of the other.  * * *  [Id. at 922-                             
                  923; fn. ref. omitted; citations omitted.]                                              
            In Collins Electrical Co. and the cases cited therein, however,                               
            we were not confronted with the additional factor of a foreign                                
            corporation’s failure to file an income tax return.                                           





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