-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 returnPage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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