Union Carbide Corporation and Subsidiaries - Page 24

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          result which Congress could hardly have intended in enacting the             
          FSC legislation, notwithstanding its interest in promoting                   
          foreign trade.  See Faltesek v. Commissioner, supra at 1210-1211.            
              Petitioner contends that, in a lengthy audit, to the extent             
          it is respondent's policy to refuse to grant consents solely for             
          the purpose of extending the period for taxpayers to file claims             
          for refund, the Regulation unreasonably bars the related supplier            
          from claiming additional expenses after the period of limitations            
          under section 6511 with respect to the FSC has expired.                      
               We disagree.  Far from being arbitrary or unreasonable, the             
          fact that the Secretary chose to confine taxpayers'                          
          redeterminations to a period which may be extended instead of a              
          fixed timeframe indicates to us that the Secretary was mindful               
          that a closed-end period conceivably could bar redeterminations              
          in the case of a lengthy audit.  Cf. id. at 1211-1212.  In the               
          case before us, petitioner made no attempt to secure an extension            
          for UCFSC to file claims for refund for the years at issue.                  
          Moreover, it is not respondent's policy to deny invariably such              
          extensions.  See 2 Audit, Internal Revenue Manual (CCH), sec.                
          4541.6, at 8161-17 ("A consent, the sole purpose of which is to              
          extend the period for filing claims for refund, should not be                
          accepted unless the Chiefs, Examination Division * * *,                      
          authorizes [sic] the acceptance * * * [thereof]." (Emphasis                  
          added)).                                                                     






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