- 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.Page: Previous 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Next
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