- 18 - by GITIC.14 The total amount of interest petitioner reported on its 1995 Form 5472 coincides with interest paid to GITIC and GXE as recorded in petitioner’s general ledger and reported in the September 8, 1998, letter. The evidence supports a finding that petitioner had two outstanding $2 million loans, one from GITIC and one from GXE, and we so find. 2. Whether Any Interest Attributable to the GITIC Loan Was Included on the Forms 5472 Attached to Petitioner’s Forms 1120X We now address whether any of the interest reported on petitioner’s Forms 5472 was interest paid on account of the GITIC loan, which respondent concedes is exempt from U.S. taxation. Petitioner has the burden of proving that respondent’s determinations are incorrect. See Rule 142(a)(1); Welch v. Helvering, 290 U.S. at 115. (a) 1994 The record is devoid of any credible evidence establishing that the amount of interest paid with respect to the GXE loan was different from that reported on the amended Form 5472 that petitioner attached to its Form 1120X. Consequently, unless we 14The details of the GXE loan regarding the date of the loan and the applicable interest rate, as described in the Sept. 8, 1998, letter, are not consistent with the facts and documents regarding the 1990 GXE loan that were included in the parties’ stipulations of facts. Nevertheless, Mr. Wong confirmed in his testimony at trial that, during the years in issue, petitioner had an outstanding loan from GXE in the face amount of $2 million.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: March 27, 2008