Swallows Holding, Ltd. - Page 14

                                        -103-                                         
          tax.  Georday Enters. v. Commissioner, 126 F.2d 384, 388 (4th               
          Cir. 1942), affg. a B.T.A. Memorandum Opinion; Blenheim Co. v.              
          Commissioner, supra at 909-910; Ardbern Co. v. Commissioner, 120            
          F.2d 424 (4th Cir. 1941), modifying and remanding 41 B.T.A. 910             
          (1940); Taylor Sec., Inc. v. Commissioner, 40 B.T.A. 696, 703               
          (1939).                                                                     
               In Blenheim Co. v. Commissioner, supra at 908, the Court of            
          Appeals did state that section 233 of the Revenue Act of 1934,              
          ch. 277, 48 Stat. 737, “contains no reference to a time                     
          element.”  It found, however, that the return filed by the                  
          taxpayer was “[n]evertheless * * * not a sufficient or timely               
          compliance with Section 233 to entitle the petitioner to the                
          deductions claimed therein.”  Id. (emphasis added).  It held                
          that, in subjecting foreign corporations to section 233 of the              
          1934 Act, “Congress conditioned its grant of deductions upon the            
          timely filing of true, proper and complete returns.”  Id. at 909            
          (emphasis added).                                                           
               In Taylor Sec., Inc. v. Commissioner, supra, the Board                 
          concluded that, once the Commissioner determined a deficiency in            
          tax, a taxpayer could not avoid the effect of section 233 by                
          thereafter filing a return.  The Board stated:                              
               [W]e are unable to conclude that in enacting section                   
               233 * * * it was the intention of Congress that                        
               delinquent returns filed by a foreign corporation                      
               after the respondent's determination should constitute                 
               the returns required as a prerequisite to the                          
               allowance of the credits and deductions ordinarily                     





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