Swallows Holding, Ltd. - Page 83

                                        -39-                                          
               its own return, is consistent not only with the                        
               intention of Congress * * * but also with                              
               considerations of sound administrative procedure and                   
               the generally accepted rule concerning the number of                   
               returns which may be filed.                                            
                    This terminal date, which the Board of Tax Appeals                
               first adopted in Taylor Securities v. Commissioner,                    
               40 B.T.A. 696 (1939), is directed against those foreign                
               corporations which instead of being induced voluntarily                
               to advise the Commissioner of their domestic                           
               operations, might find their interests best served by                  
               filing no return whatever, and then waiting until such                 
               time, if any, as the Commissioner discovers their                      
               existence and acquires sufficient information about                    
               their income on which to base a return.  Unless they                   
               are precluded from then obtaining the deductions and                   
               credits under such circumstances, such foreign                         
               corporation can, if detected, come in for the first                    
               time after the Commissioner has made a return and                      
               suffer no economic loss other than the general 25% late                
               filing penalty which applies to domestic as well as                    
               foreign corporations.                                                  
                    Without prescribing an absolute and rigid rule                    
               that whenever the Commissioner files a return for a                    
               foreign corporation the taxpayer is completely and                     
               automatically denied the benefit of deductions or                      
               credits, we yet hold that the facts of the instant case                
               justify a disallowance of deductions which petitioner                  
               might otherwise have been entitled to claim, had it                    
               filed a timely return in compliance with the statutory                 
               requirement.  [Blenheim Co. v. Commissioner, 125 F.2d                  
               at 910.]                                                               
          The Court of Appeals for the Fourth Circuit also found in the               
          legislative history of section 217 of the Revenue Act of 1918               
          further support for that conclusion and its reading of the                  
          statute to the effect that a foreign corporation was entitled to            
          deduct its expenses upon the filing of an accurate and complete             
          return:                                                                     







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