Swallows Holding, Ltd. - Page 82

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          only to foreign corporations and explained that Congress intended           
          to impose special conditions on foreign corporations vis-a-vis              
          domestic corporations.  The court stated:                                   
                    The difficulty here encountered by the                            
               Commissioner in attempting to ascertain the                            
               petitioner’s correct income tax is a striking example                  
               of the many administrative problems inherent in the                    
               application of the federal income tax to foreign                       
               corporations.  This has prompted Congress to impose                    
               special conditions on such corporations.  Indeed,                      
               unless a foreign corporation is induced voluntarily to                 
               advise the Commissioner of all of its income                           
               attributable to sources within the United States and of                
               the exact nature of all deductions from such income,                   
               the Commissioner may never learn even of the                           
               corporation’s existence, and, in any event, he will                    
               probably be unable to determine the correct amount of                  
               its taxable income.                                                    
                    The situation is pregnant with possibilities of                   
               tax evasion.  In express recognition of this fertile                   
               danger to the orderly administration of the income tax                 
               as applied to foreign corporations, Congress                           
               conditioned its grant of deductions upon the timely                    
               filing of true, proper and complete returns.  This is                  
               in addition, of course, to the 25% penalty provided by                 
               Section 291 of the 1934 Act for both foreign and                       
               domestic corporations which either file no return or a                 
               late return unless “reasonable cause” for the failure                  
               to file a timely return is shown.  * * *  [Id. at 909.]                
               As to the “terminal date” that the Board had adopted in                
          Taylor Sec., Inc. v. Commissioner, supra, the Court of Appeals              
          for the Fourth Circuit explained that this date was justified               
          notwithstanding the absence in the statute of a time element.               
          The court stated:                                                           
                    The conclusion that the preparation of a return by                
               the Commissioner a reasonable time after the date it                   
               was due terminates the period in which the taxpayer may                
               enjoy the privilege of receiving deductions by filing                  





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