Swallows Holding, Ltd. - Page 142

                                        -98-                                          
          legislative reenactment doctrine to a revenue ruling because                
          “Without affirmative indications of congressional awareness and             
          consideration, we decline to cloak this revenue ruling with the             
          aura of legislative approval.”                                              
               (6) Finally, rather than expressing sympathy for                       
          petitioner, see majority op. pp. 68, 72-74, whose Federal income            
          tax returns were due on November 15 of each year, the fact that             
          petitioner filed each of its 1993, 1994, 1995, and 1996 Federal             
          corporate income tax returns on July 23, 1999, some 2-5 years               
          after the return due dates and 9 years after section 1.882-                 
          4(a)(2) and (3)(i), Income Tax Regs., was promulgated is hardly             
          indicative of a foreign corporation seeking to comply with U.S.             
          tax laws.                                                                   
               In conclusion, it is not respondent herein who is                      
          attempting to resurrect anything, see majority op. p. 84.                   
          Rather, it is the majority opinion that would resurrect Anglo-              
          Am. Direct Tea Trading Co. v. Commissioner, 38 B.T.A. 711                   
          (1938), and that would ignore later Board of Tax Appeals and                
          Court of Appeals opinions and litigation that concluded that the            
          statutory language of the predecessor of section 882(c)(2) was              
          incomplete and ambiguous and necessitated the adoption and                  


               3(...continued)                                                        
          1984).  Note the prospective only effective date of the                     
          regulation at issue herein, for taxable years ending after July             
          31, 1990.  Sec. 1.882-4(a)(3)(i), Income Tax Regs.                          





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