-83- compelling equitable consideration is present so as to serve elementary justice. The Court of Appeals for the Fourth Circuit held specifically in Ardbern Co. v. Commissioner, supra at 426, that former section 233 does not forbid a taxpayer from deducting expenses when the taxpayer files, or attempts in good faith to file, a return claiming those deductions before the Commissioner determines a deficiency against the taxpayer or files a substitute return on the taxpayer’s behalf. Accord Blenheim v. Commissioner, supra at 908 (“It is true that this section [section 233 of the 1928 and 1932 Revenue Acts] contains no reference to a time element.”). XI. Conclusion On the basis of the foregoing, we conclude that the disputed regulations are invalid to the extent described herein. Given the plain meaning of the relevant text and the historical setting laid out in detail in this Opinion, including caselaw, legislation, legislative history, and regulations, the Secretary’s adoption of a timely filing requirement and his attempted sub silentio overruling of contrary judicial and administrative precedents is unreasonable under Natl. Muffler Dealers Association v. United States, 440 U.S. 472 (1979).30 30 We note that this case is strikingly similar to Anglo-Am. Direct Tea Trading Co. v. Commissioner, 38 B.T.A. 711 (1938), where the taxpayer was allowed to receive the benefit of its deductions upon the untimely filing of returns more than (continued...)Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
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