Swallows Holding, Ltd. - Page 118

                                        -74-                                          
          supra at 19, 1966-2 C.B. at 1071.  The Senate report also                   
          expresses Congress’s reluctance through the Foreign Investors Tax           
          Act of 1966 to disallow a nonresident alien’s deductions related            
          to his or her investment in U.S. real estate because such a                 
          disallowance “would tend to discourage foreign investment in U.S.           
          realty”.  S. Rept. 1707, 89th Cong., 2d Sess., supra at 26-27,              
          1966-2 C.B. at 1076-1077.                                                   
               Respondent acknowledges that the disputed regulations are              
          invalid if the relevant text is unambiguous in including no                 
          timely filing requirement.  In contrast to the Secretary’s                  
          statement in the preamble to the 1990 regulations, respondent               
          argues that the caselaw suggests that the relevant text is                  
          ambiguous.  Respondent observes that some of this caselaw states            
          that a foreign corporation must file a “timely” return in order             
          to benefit from its deductions.  Respondent notes especially the            
          court’s use of the word “timely” in Blenheim Co. v. Commissioner,           
          supra at 908-910, 912.                                                      
               We disagree with respondent that the caselaw interprets the            
          relevant text as including the Secretary’s timely filing                    
          requirement.  In Blenheim Co. v. Commissioner, 125 F.2d 906 (4th            
          Cir. 1942), the Court of Appeals for the Fourth Circuit did state           
          that a foreign corporation must file a “timely” return in order             
          to deduct its expenses; however, the court used the word “timely”           
          to mean that the foreign corporation had to file its return                 






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