Swallows Holding, Ltd. - Page 5

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          it files a timely return.  Under the relevant part of the                   
          disputed regulations, a return is timely if it is filed before an           
          arbitrary 18-month deadline (18-month deadline) devised by the              
          Secretary.4  The Secretary issued the disputed regulations                  
          stating that section 882(c)(2) contains a “clear” requirement               
          that a foreign corporation file its return timely in order to               
          deduct its expenses.  The Secretary made no mention of the                  
          consistent interpretation of the relevant text by the Court of              

               4 The regulations explain the 18-month deadline as follows:            
               For taxable years of a foreign corporation ending after                
               July 31, 1990, whether a return for the current taxable                
               year has been filed on a timely basis is dependent upon                
               whether the foreign corporation filed a return for the                 
               taxable year immediately preceding the current taxable                 
               year.  If a return was filed for that immediately                      
               preceding taxable year, or if the current taxable year                 
               is the first taxable year of the foreign corporation                   
               for which a return is required to be filed, the                        
               required return for the current taxable year must be                   
               filed within 18 months of the due date as set forth in                 
               section 6072 and the regulations under that section,                   
               for filing the return for the current taxable year.  If                
               no return for the taxable year immediately preceding                   
               the current taxable year has been filed, the required                  
               return for the current taxable year (other than the                    
               first taxable year of the foreign corporation for which                
               a return is required to be filed) must have been filed                 
               no later than the earlier of the date which is 18                      
               months after the due date, as set forth in section                     
               6072, for filing the return for the current taxable                    
               year or the date the Internal Revenue Service mails a                  
               notice to the foreign corporation advising the                         
               corporation that the current year tax return has not                   
               been filed and that no deductions (other than that                     
               allowed under section 170) or credits (other than those                
               allowed under sections 33, 34 and 852(b)(3)(D)(ii)) may                
               be claimed by the taxpayer.  [Sec. 1.882-4(a)(3)(i),                   
               Income Tax Regs.]                                                      




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