Swallows Holding, Ltd. - Page 116

                                        -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 the                






Page:  Previous  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  Next

Last modified: May 25, 2011