Inverworld, Inc., et al. - Page 33

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               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.]                                                                




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