- 24 - corporations separately). Finally, GXE submitted a Form W-8 to petitioner on the date the GXE loan agreement was signed. There is no credible evidence in the record establishing that GITIC funded the GXE loan.16 If GITIC had been the lender, the parties easily could have prepared a loan agreement to reflect that fact. The record does not demonstrate that petitioner consistently treated the GXE loan as a loan from GITIC. In fact, petitioner’s tax reporting, its general ledger, and its loan agreements establish the contrary. We conclude therefore that petitioner has failed to prove that the loan it obtained from GXE was, in substance, a loan from GITIC. 2. GXE as an Agent of GITIC Petitioner argues that GXE acted as GITIC’s agent in making the GXE loan and, as such, collected interest on the loan for the benefit of GITIC. Where a genuine agency relationship exists, the tax consequences of transactions involving property held by an agent may be attributed to the principal. Commissioner v. Bollinger, 485 U.S. 340, 349 (1988). An agency relationship, however, does not automatically result from the fact that a parent corporation owns and controls its subsidiary. Id. at 346; Natl. Carbide 16Although GITIC presumably capitalized GXE at its inception in 1985, GXE lent the money in question to petitioner at least 5 years later. There is nothing in the record that indicates GITIC contributed cash to GXE to enable GXE to make the loan to petitioner.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: March 27, 2008