Swallows Holding, Ltd. - Page 89

                                        -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 Fourth                 





Page:  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