- 13 - respondent before he issued his notice of deficiency and therefore respondent was on notice that a portion of the reported interest was not subject to U.S. income tax withholding under the China Agreement. Petitioner’s argument ignores the fact that petitioner filed Forms 1120X under penalties of perjury before respondent issued the deficiency notice and 10 months after petitioner sent the September 8, 1998, letter to its accountant. The interest payments that petitioner reported on the Forms 5472 attached to the Forms 1120X are inconsistent with the letter in several respects. Respondent did not act capriciously or arbitrarily when he determined on the basis of the residency of the interest recipient (Hong Kong) and the amounts petitioner reported on its Forms 5472 that petitioner had income tax withholding deficiencies. We conclude, therefore, that the burden of proof remains with petitioner. II. Taxation of Interest Received by Foreign Corporations A. Generally Except as provided in section 881(c), section 881(a) imposes a tax of 30 percent on, inter alia, interest received from United States sources by a foreign corporation12 to the extent the 12A “foreign corporation” is a corporation that is not organized in the United States or under the law of the United States or of any State. Sec. 7701(a)(4) and (5). GITIC was a corporation organized under the laws of China, and GXE was a (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008