Swallows Holding, Ltd. - Page 71

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          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.                




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