- 33 - In the instant case, for the taxable years in issue, LTD failed to file timely, true, and accurate returns pursuant to section 882(c)(2). In our prior opinion, we held that, consistent with Blenheim Co. v. Commissioner, 125 F.2d 906 (4th Cir. 1942), and Georday Enters., Ltd. v. Commissioner, 126 F.2d 384 (4th Cir. 1942), LTD is precluded from receiving the benefits of any deductions that it might have otherwise been entitled to claim pursuant to section 882(c)(1)(A) had it filed a timely, true, and accurate return pursuant to section 882(c)(2). See Espinosa v. Commissioner, 107 T.C. 146 (1996). In the instant case, the form of the section 482 correlative adjustment to LTD's income would be an increase in the amount that LTD would be entitled to deduct pursuant to section 882(c)(1)(A). In our prior opinion, however, we concluded that, because LTD failed to file timely, true, and accurate returns pursuant to section 882(c)(2), correlative adjustments to LTD's income, which take the form of deductions pursuant to section 882(c)(1)(A), were not appropriate for the taxable years in issue. In their motion, petitioners elaborate on the argument which they made on brief regarding the correlative adjustments and contend that the regulations absolutely mandate that, when the income of one member of the group is increased, the correlative 14(...continued) may be appropriate under the circumstances. [Emphasis added.]Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011