Swallows Holding, Ltd. - Page 93

                                        -49-                                          
                    When Anglo-American and its progeny were decided,                 
               the scale and nature of international business activity                
               was markedly different from today’s modern business                    
               environment.  At that time, international travel was a                 
               time-consuming and cumbersome endeavor.  Transatlantic                 
               air travel was in its infancy, zeppelins and cruise                    
               ships were the predominant means of travel.  Books and                 
               records were in paper, not electronic form.  Data and                  
               information was transmitted via mail.                                  
                    In the years since Anglo-American, there have been                
               dramatic changes and increases in the nature and level                 
               of international business activity.  International air                 
               travel is commonplace, taking hours instead of days.                   
               Books and records are now maintained in electronic form                
               on computers.  Data, information, and money are                        
               transmitted around the world in electronic form.                       
               Businesses have instantaneous access to information via                
               the internet.  Documents are delivered via overnight                   
               delivery or by facsimile.                                              
               Section 1.882-4(a)(2), Income Tax Regs., as amended in 1990,           
          states:                                                                     
                    (2) Return necessary.  A foreign corporation shall                
               receive the benefit of the deductions and credits                      
               otherwise allowed to it with respect to the income tax,                
               only if it timely files or causes to be filed with the                 
               Philadelphia Service Center, in the manner prescribed                  
               in subtitle F, a true and accurate return of its                       
               taxable income which is effectively connected, or                      
               treated as effectively connected, for the taxable year                 
               with the conduct of a trade or business in the United                  
               States by that corporation.  * * *                                     
          Section 1.882-4(a)(3)(i), Income Tax Regs., as amended in 1990,             
          goes on to set forth filing deadlines by which to measure whether           
          the timely filing requirement has been met.  See supra note 4.              
          Section 1.882-4(a)(3)(ii), Income Tax Regs., as amended in 1990,            
          also states, without further explanation, that “The filing                  
          deadlines set forth in paragraph (a)(3)(i) of this section may be           






Page:  Previous  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: May 25, 2011