-48- (2) Tax on gross income. If a return is not so filed, the tax shall be collected on the basis of gross income, determined in accordance with � 1.882-1 but without regard to any deductions otherwise allowable. C. 1990 Regulations On December 10, 1990, the Secretary issued the 1990 regulations to amend section 1.882-4, Income Tax Regs., as adopted in 1957. See sec. 1.882-4, Income Tax Regs., 55 Fed. Reg. 50830 (Dec. 11, 1990), T.D. 8322, 1990-2 C.B. 172. The amendments were first published as proposed regulations. See sec. 1.882-4, Proposed Income Tax Regs., 54 Fed. Reg. 31547 (July 31, 1989). In the preamble to the proposed regulations, the Secretary explained: “Since the filing of a timely return is one of the requirements set forth in subtitle F, these regulations provide that otherwise allowable deductions and credits will be allowed only if a return is filed by the time limits as set forth in these regulations.” Id. As finalized, the 1990 regulations became effective July 31, 1990, for taxable years ended after that date. See sec. 1.882-4, Income Tax Regs., supra, T.D. 8322, 1990-2 C.B. at 172. The 1990 regulations added to the 1957 regulations a general requirement that a foreign corporation file its Federal income tax return timely; i.e., generally before the 18-month deadline, in order to deduct its expenses for the year covered by the return. As respondent asserts in brief, a timely filing requirement was added because:Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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