- 31 - Second, the only evidence petitioner offered regarding the section 6651(a)(1) addition to tax focused on advice allegedly given to petitioner about its obligation to withhold U.S. tax on the interest payments. Petitioner contends that it relied upon professional advice, both from Mr. Wong and from other professionals with whom Mr. Wong spoke, to determine whether the China Agreement exempted its interest payments. However, the only evidence petitioner introduced to support its argument was testimony by Mr. Wong that he read the China Agreement and consulted with unnamed experts regarding the obligation to withhold tax on interest payments to GXE. This evidence is not sufficient to establish that petitioner reasonably relied on professional advice from a person who had full knowledge of the relevant facts and who conducted the necessary investigation to reach a reasoned conclusion regarding petitioner’s obligation to file Forms 1042. We conclude on the record before us that petitioner has failed to establish reasonable cause for its failure to file 17(...continued) no withholding tax is required to be withheld if the withholding agent is required by sec. 1.1461-2(c)(1), Income Tax Regs., to file Form 1042S with respect to payments made during the year. Sec. 1.1461-2(c)(1)(ii), Income Tax Regs., requires every withholding agent to make an annual information return on Form 1042S of “Amounts upon which tax would have been required to be withheld * * * but for an exclusion from gross income applicable under any income tax treaty to which the United States is a party”.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: March 27, 2008