- 19 - conclude that GXE made its loan to petitioner as GITIC’s agent or that the GXE loan in substance was a loan from GITIC, we shall sustain respondent’s determination with respect to 1994. (b) 1995 The record convincingly establishes that petitioner erroneously reported interest paid with respect to both the GITIC and GXE loans as interest paid to GXE on its 1995 Form 5472. Petitioner’s 1995 general ledger and the September 8, 1998, letter confirm that petitioner paid interest of $164,762.08 on the GXE loan and $177,010.41 on the GITIC loan in 1995. Petitioner reported the sum of these amounts on its 1995 Form 5472. Accordingly, we find that $177,010.41 of the $341,772.49 reported on the 1995 Form 5472 was paid on the GITIC loan and was not subject to U.S. taxation under the China Agreement. (c) 1996 The record regarding petitioner’s 1996 interest payments supports a finding that on its 1996 Form 5472, petitioner erroneously reported interest paid with respect to both the GITIC and GXE loans as interest paid to GXE. Petitioner’s 1996 general ledger and the September 8, 1998, letter are consistent with each other and reflect that petitioner paid interest of $77,099.91 on the GXE loan and $139,798.61 on the GITIC loan in 1996. However, the total interest reported on Form 5472 attached to petitioner’s 1996 Form 1120X did not match the total interest paid to GITICPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008