Swallows Holding, Ltd. - Page 92

                                        -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

Last modified: May 25, 2011