-29- revenue acts of the words “manner” and “time” and by literally applying the word “manner” in accordance with the word’s “usual and ordinary meaning of ‘mode, method, mien, style, or way’”. Id. at 715. The Board concluded that the word “manner” was not intended by Congress to, and thus did not, include any element of time, let alone impose a requirement that a foreign corporation file its return by a certain date in order to deduct its expenses. Id. at 714-716. The Board stated: “A careful reading of sections 233 and 235 discloses no indication of a legislative intent to extend the meaning of ‘manner’ so as to include ‘time’. Neither section provides that the deductions may not be allowed unless the return is filed within the time prescribed.” Id. at 715. The Board added that if Congress had intended to deprive a foreign corporation of its right to a deduction when it did not file a timely Federal income tax return, it would have said so. Id. The Board also supported its conclusion by analyzing the “structure” of the revenue acts. The Board concluded from that analysis: They seem to have a more or less common pattern. Thus section 52 governs the manner of filing corporation returns, section 215(a) deals with the manner of filing returns by or for nonresident aliens, section 251(f) the manner of filing returns by citizens of the United States who are in receipt of income from sources within possessions of the United States, and section 233 the manner of filing returns for a foreign corporation. Sections 53, 217, and 235 deal with the time and place of filing returns, while sections 56, 218, and 236 deal with payment. Inasmuch as separate sections deal with “manner” and “time”, we think it highly improbable thatPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011