New York Guangdong Finance, Inc. - Page 24




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          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.                                                                 






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