-13- requirements in that it filed true and accurate Federal income tax returns. According to petitioner, section 882(c)(2) does not require that the subject returns be filed timely, and the disputed regulations are invalid to the extent they impose such a requirement. Respondent argues that section 882(c)(2) includes a clear timely filing requirement and that the disputed regulations are a valid construction of that requirement. According to respondent, petitioner may not deduct its expenses because it did not file the subject returns timely. We agree with petitioner. To best understand our decision, we first discuss the relevant provisions and developments in the law which preceded the issuance of the disputed regulations. We then address our interpretation of the relevant text and the standard by which we judge the disputed regulations to be invalid. III. Relevant Filing Requirements Every corporation subject to Federal income tax must file a Federal income tax return with respect to that tax. See sec. 6012(a)(2). The regulations interpret section 6012(a)(2) to require that such a corporation file a Federal income tax return even if it does not have any gross or taxable income for the year. See sec. 1.6012-2(a)(1), Income Tax Regs. The regulations interpret section 6012(a)(2) to apply to foreign corporations to the extent set forth in section 1.6012-2(g)(1), Income Tax Regs.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011