- 30 - payments to a foreign corporation. Petitioner also does not contend that it relied on the informed advice of a competent professional that it did not have to file Forms 1042 and 1042S for the years in issue. Petitioner argues that the interest paid to GITIC and GXE during the years in issue was exempt and that it relied on the advice of Mr. Wong and other professionals to that effect. We reject petitioner’s argument for several reasons. First, it does not appear that the professionals who allegedly advised petitioner did anything to ascertain whether petitioner was required to file Forms 1042 and 1042S before petitioner filed its original returns for the years in issue. There is no credible evidence in the record establishing that a competent professional investigated petitioner’s obligation to file Forms 1042 and 1042S before the filing due date for the years in issue or that a competent professional advised petitioner that it did not have to file the forms. This lack of evidence contrasts sharply with applicable regulations that clearly and unambiguously require a withholding agent to file Form 1042 for a calendar year, even if otherwise taxable payments are exempt, if the agent is required to file Form 1042S with respect to interest payments made during such year. Secs. 1.1461-2(b)(1), (c)(1)(ii), Income Tax Regs.17 17Sec. 1.1461-2(b)(1), Income Tax Regs., requires a withholding agent to make an annual return on Form 1042 even if (continued...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: March 27, 2008