-45- Accord Am. Inv. and Gen. Trust Co. v. Commissioner, a Memorandum Opinion of the Board of Tax Appeals dated April 13, 1939; Mills, Spence & Co. v. Commissioner, a Memorandum Opinion of the Board of Tax Appeals dated Oct. 5, 1938. In addition, the Court of Appeals for the Fourth Circuit in Ardbern Co. v. Commissioner, 120 F.2d at 425-426, quoted and applied favorably the following holding from Anglo-Am. Direct Tea Trading Co. in deciding for the taxpayer: Inasmuch as separate sections deal with “manner” and “time,” we think it highly improbable that Congress ever intended to include the element of time in the section dealing primarily with the manner of filing. We hold, therefore, that the mere fact the return was not filed within the time prescribed by Section 235 does not, under the circumstances here presented, preclude the allowance of deductions claimed. I. Inverworld, Inc. In Inverworld, Inc. v. Commissioner, T.C. Memo. 1996-301, the taxpayer was a foreign corporation that had not as of the time of trial filed a Federal income tax return for any of the relevant years. All of those years predated the effective date of the disputed regulations. See discussion infra p. 48. The taxpayer noted that the applicable regulations had been issued in 1957 and that those regulations did not contain a timely filing requirement. The taxpayer argued that such a requirement was therefore not applicable to the relevant years. The Court did not decide that argument. Instead, the Court applied the opinions of the Court of Appeals for the FourthPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011