Swallows Holding, Ltd. - Page 132

                                        -88-                                          
          125 F.2d 906 (4th Cir. 1942), affg. 42 B.T.A. 1248 (1940);                  
          Georday Enters. v. Commissioner, 126 F.2d 384 (4th Cir. 1942),              
          affg. a Memorandum Opinion of the Board of Tax Appeals, clearly             
          clarified and modified Anglo-Am. Direct Tea Trading Co. v.                  
          Commissioner, 38 B.T.A. 711 (1938), and adopted and applied a               
          tax return filing “deadline”, “timely filing date”, “cutoff”, or            
          “terminal date” (whatever one chooses to call it) to the                    
          entitlement of foreign corporations to deductions and credits               
          under the predecessor of section 882(c)(2).                                 
               As the Board of Tax Appeals explained in Taylor Sec., Inc.             
          v. Commissioner, supra at 703-704:                                          

               In view of such a specific prerequisite [that foreign                  
               corporate taxpayers file tax returns] it is inconceivable              
               that Congress contemplated by that section that taxpayers              
               could wait indefinitely to file returns and eventually when            
               the respondent determined deficiencies against them they               
               could then by filing returns obtain all the benefits to                
               which they would have been entitled if their returns had               
               been timely filed.  Such a construction would put a premium            
               on evasion, since a taxpayer would have nothing to lose by             
               not filing a return as required by statute.                            

               In light of the above 1939 clarification by the Board of               
          Tax Appeals to its earlier 1938 opinion arguably to the contrary            
          in Anglo-Am. Direct Tea Trading Co., supra, it is Taylor Sec.,              
          Inc., not Anglo-Am., that is to be regarded as the lead pre-                
          regulation court case.  See Blenheim Co. v. Commissioner, supra             
          at 910, in which the Court of Appeals for the Fourth Circuit                
          acknowledges that it is Taylor Sec., Inc. that (in spite of the             





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