-72- While no committee report makes any mention of such a requirement, the House and Senate committee reports both note specifically the “necessity for filing of returns by foreign corporations in order to secure allowance of deductions”. See S. Rept. 1622, 83d Cong., 2d Sess., supra at 417; H. Rept. 1337, 83d Cong., 2d Sess., supra at A246. The fact that Congress was keenly aware of the foreign tax provisions when it enacted the 1954 Code also is seen from its inclusion in that act of section 6091(b)(2). That section allowed the Secretary to move all appeals of the issue at hand from the Court of Appeals for the Fourth Circuit, which had decided the issue unfavorably to respondent, to another circuit of his liking. Third, as part of the Foreign Investors Tax Act of 1966, we note the substantial amendments which Congress made to section 882. In relevant part, Congress added a new section 882(d) that, among other things, allowed a foreign corporation to elect to treat real property income as if it were effectively connected income. A stated purpose of this legislation was to promote foreign investment in real property located in the United States. As an inducement to such foreign investment, Congress intended to allow foreigners to deduct their expenses related to those investments. The disputed regulations work against this intent in that the regulations deny a foreign corporation the taking of its expenses upon the filing of an untimely return, with thePage: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
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