New York Guangdong Finance, Inc. - Page 12




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          needed “predicate evidence supporting * * * [his] determination.”           
          Id. at 1133.  The Court of Appeals concluded that the                       
          Commissioner could not simply rely on a Form 1099 in making his             
          determination when the taxpayer contested the accuracy of the               
          Form 1099.                                                                  
               This case is distinguishable from Portillo.  Respondent did            
          not determine that petitioner had unreported income, nor did he             
          arbitrarily attribute veracity to the statement of a third party            
          when making his determination.  Respondent used the Forms 5472              
          that petitioner filed with its amended income tax returns to                
          determine that petitioner was liable for withholding taxes.                 
          Petitioner’s Forms 5472 reported interest paid to GXE, a Hong               
          Kong corporation that did not appear to satisfy the residency               
          requirements for favorable tax treatment under the China                    
          Agreement.11                                                                
               Petitioner argues, however, that respondent was on notice              
          because its Forms 5472 reported two loans, one of which was made            
          by GITIC, a Chinese corporation that is exempt from U.S. income             
          tax under the China Agreement.  Petitioner alleges that it gave a           
          copy of its September 8, 1998, letter containing a summary of               
          interest paid during 1995 and 1996 on the GITIC and GXE loans to            

               11The parties do not dispute that Hong Kong was not a part             
          of China during the years in issue.  The Court takes judicial               
          notice that Hong Kong was a crown colony of the United Kingdom              
          until it became a Special Administrative Region of the People’s             
          Republic of China on July 1, 1997.  See Fed. R. Evid. 201.                  






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