Swallows Holding, Ltd. - Page 136

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          credits under section 882(c)(2) will be allowed), the 18-month              
          filing deadline set forth in the regulation represents a                    
          lengthening of the return filing deadline that would have                   
          applied under Taylor Sec., Inc. v. Commissioner, 40 B.T.A. 696              
          (1939), and its progeny (under which respondent’s prior                     
          notification would have established the deadline).                          
               Where a category 1 corporation files its tax return for the            
          current year after the 18-month period, but before respondent               
          notifies the taxpayer, the fixed 18-month filing deadline of the            
          regulation would apply, and the regulation represents a                     
          shortening of the filing deadline that would have applied under             
          Taylor Sec., Inc. and its progeny.                                          
               For purposes of allowing the deductions and credits under              
          section 882(c)(2) for the current year for a category 2                     
          corporation (tax return for the prior year not filed), section              
          1.882-4(a)(3)(i), Income Tax Regs., provides that a foreign                 
          corporation must file its tax return for the current year before            
          the earlier of either respondent’s notification to the                      
          corporation (that no tax return has been filed for the current              
          year and that no deductions or credits under section 882(c)(2)              
          will be allowed) or 18 months after the due date for the current            
          year tax return.  Where respondent so notifies a category 2                 
          corporation within the specified 18-month period, this filing               







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Last modified: May 25, 2011