New York Guangdong Finance, Inc. - Page 26




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          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 and            







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