-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 ordinarilyPage: Previous 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Next
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