Swallows Holding, Ltd. - Page 69

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               States, regardless of amount”], the tax shall be                       
               collected on the basis of his gross income (not his net                
               income) from sources within the United States.  Where a                
               nonresident alien has various sources of income within                 
               the United States, so that from any one source or from                 
               all sources combined the amount of income shall call                   
               for the assessment of a surtax, and a return of income                 
               shall not be filed by him or on his behalf, the                        
               Commissioner will cause a return of income to be made                  
               and include therein the income of such nonresident                     
               alien from all sources concerning which he has                         
               information, and he will assess the tax and collect it                 
               from one or more of the sources of income within the                   
               United States of such nonresident alien, without                       
               allowance for deductions or credits.  * * *                            
                         b.  Relationship to Former Section 233                       
               The Court of Appeals for the Fourth Circuit has observed               
          that Article 311 of Regulations 45 contains the Secretary’s                 
          longstanding construction of section 217 of the Revenue Act of              
          1918.  See Blenheim Co. v. Commissioner, 125 F.2d at 910.  That             
          court has stated that Congress is presumed to have included that            
          construction in section 233 as enacted as part of the Revenue Act           
          of 1928 and as later reenacted.  See id. (citing Brewster v.                
          Gage, 280 U.S. 327 (1930); Morgan v. Commissioner, 309 U.S. 78              
          (1940)).                                                                    
                    3.  Section 235 of the Revenue Act of 1928                        
               Section 235 of the Revenue Act of 1928, 45 Stat. 849, was a            
          predecessor to section 6072 and provided the due date for filing            
          the Federal income tax returns of a foreign corporation without             
          an office or place of business in the United States.  Section 235           
          of the Revenue Act of 1928 provided:                                        






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