-32- argued that this finding meant that the taxpayer was not entitled to its deductions. The Board disagreed, stating: this is not a “no return” case. It is obvious, however, that the petitioner was delinquent in filing its returns. The returns were due not later than June 15, 1930 and June 15, 1931, whereas they were not filed until after June 12, 1934. The Commissioner argues that this foreign corporation can not receive the benefit of the deductions and credits allowed under Title I of the Revenue Act of 1928 because the filing of the delinquent returns was not the filing of returns “in the manner prescribed” in Title I. This same argument has been considered and rejected by the Board in the case of Anglo-American Direct Tea Trading Co., Ltd., 38 B.T.A. 711. It is rejected here on authority of that case. [Am. Inv. and Gen. Trust Co., Ltd. v. Commissioner, supra.] E. Taylor Sec., Inc. Next, the Board decided Taylor Sec., Inc. v. Commissioner, 40 B.T.A. 696 (1939). There, the Commissioner issued a notice of deficiency to the foreign corporation taxpayer on March 23, 1937. That notice reflected substitute returns that the Commissioner had prepared for the taxpayer’s 1930 through 1935 taxable years, using only the taxpayer’s income. On June 16, 1937, the taxpayer petitioned the Board as to the notice of deficiency, and the Commissioner answered the petition shortly thereafter. On October 20, 1938, the taxpayer was notified by the Board that a hearing was set for a stated session of the Board beginning December 5, 1938. Subsequently, after the Board continued the date of that hearing until January 16, 1939, the taxpayer filed its 1930 through 1935 tax returns on December 13, 1938.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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