- 26 - concluded that there was unequivocal evidence that the corporation was an agent of the partnerships without rigidly applying the Natl. Carbide Corp. factors, explaining its holding as follows: It seems to us that the genuineness of the agency relationship is adequately assured, and tax-avoiding manipulation adequately avoided, when the fact that the corporation is acting as agent for its shareholders with respect to a particular asset is set forth in a written agreement at the time the asset is acquired, the corporation functions as agent and not principal with respect to the asset for all purposes, and the corporation is held out as the agent and not principal in all dealings with third parties relating to the asset. * * * Id. at 349-350. Petitioner argues that GXE was an agent of GITIC with respect to the GXE loan under the standard articulated in Natl. Carbide Corp. and clarified in Bollinger because a GITIC brochure describes GXE as GITIC’s agent and states that GXE’s business purpose is to “act as an agent for GITIC”. Petitioner, however, offered no credible evidence to establish an agency relationship between GITIC and GXE with respect to the GXE loan. For example, petitioner provided no evidence that (1) GXE acted in the name of or for GITIC in making the loan, (2) GXE could bind GITIC by GXE’s actions, (3) the income received by GXE was transferred to GITIC, or (4) GXE’s income was attributable to GITIC’s employees and assets. Credible evidence in the record establishes GXE was, among other things, in the business of investing in domestic andPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: March 27, 2008