-27- relevant text are in the setting of former section 233. Only one case discusses the text of section 874(a), and no case discusses the predecessors of that section. B. Anglo-Am. Direct Tea Trading Co. In the seminal case of Anglo-Am. Direct Tea Trading Co. v. Commissioner, 38 B.T.A. 711 (1938), the taxpayer was a foreign corporation with no offices or agents in the United States, and it did not transact any business in the United States. During its taxable years ended November 30, 1932 and 1933, the taxpayer received gross income in the form of dividends from a wholly owned domestic corporation. In March 1935, the Commissioner learned of the dividends, determined that the taxpayer had not filed Federal income tax returns for its taxable years of receipt, and discussed this matter with one of the taxpayer’s officers. On or about April 15, 1935, without informing the taxpayer that he was doing so, the Commissioner’s revenue agent prepared substitute Federal income tax returns for those taxable years of receipt. Before the substitute returns were accepted by the Commissioner, the taxpayer on April 18, 1935, filed delinquent Federal income tax returns that included the dividends in its gross income and claimed corresponding deductions for 11(...continued) the Secretary’s regulations construing the relevant text did not state until 1990 that a timely filed return was required as a condition to a foreign corporation’s deducting its expenses.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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