- 16 - Respondent determined that petitioner is liable for withholding taxes on all of the interest reported on its Forms 5472 filed with its 1994, 1995, and 1996 Forms 1120X because the forms listed GXE, a Hong Kong corporation, as the interest recipient. Petitioner argues that (1) the interest reported on the Forms 5472 included interest paid to GITIC, a corporation resident in China that was entitled to favorable tax treatment under the China Agreement during the years in issue, and that (2) interest paid to GXE should be treated as interest paid to GITIC. Petitioner contends that the GXE loan was actually a loan from GITIC and that GITIC chose to distribute the net loan proceeds through GXE. Petitioner contends, therefore, that the loan originated with the Guangdong government and should be exempt under the China Agreement. Alternatively, petitioner argues that GXE is GITIC’s agent and, as such, collected interest on the GXE loan on GITIC’s behalf. C. Interest Paid Directly to GITIC Respondent concedes that any interest payments made directly to GITIC with respect to a loan made by GITIC fall squarely within the exemption from U.S. taxation provided in the China Agreement. Respondent argues, however, that GXE and not GITIC made the $2 million “GITIC” loan during the years in issue and that the interest in question was paid to GXE on that loan. Alternatively, respondent appears to argue that there are threePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: March 27, 2008