United States Fifth Circuit

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New York Guangdong Fin. Inc. v. Comm'r. of Int'l. Rev., 08-60792

In an appeal from a tax court's judgment sustaining in part the Commissioner of Internal Revenue's notice of deficiency for withholding tax deficiencies and additions to tax, the order is affirmed where: 1) the Commissioner did not act arbitrarily when it relied on information provided to it by petitioner under penalties of perjury; 2) the Agreement for the Avoidance of Double Taxation and the Prevention of Tax Evasion With Respect to Taxes on Income did not exempt interest paid to a Chinese corporation from withholding tax; and 3) the record contained no evidence that petitioner relied on the advice of a competent professional in deciding not to file the Forms 1042 for the years in question.

Appellate Information

  • Decided 11/20/2009
  • Published 11/20/2009

Judges

  • CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM and STEWART, Circuit Judges, and ENGELHARDT, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Larry Kars (argued), New York City, for Petitioner-Appellant., Christine Durney Mason (argued), Nathan J. Hochman, U.S. Dept. of Justice, Tax Div., Robert R. Di Trolio, U.S. Tax Court, Steven W. Parks, U.S. Dept. of Justice, Clarissa C. Potter, IRS, Washington, DC, for CIR.