Inverworld, Inc., et al. - Page 140

                                                - 218 -                                                   
            v. Commissioner, 856 F.2d at 860; Sundstrand Corp. v.                                         
            Commissioner, 96 T.C. at 354.                                                                 
                  Petitioners argue that, in the instant case, arm’s-length                               
            charges are:  (1) The amounts charged by INC to LTD, (2) the                                  
            amounts charged by United States Trust to LTD, or (3) the amounts                             
            petitioners' expert has concluded would have been charged for                                 
            similar services under similar circumstances.  Respondent argues                              
            that arm’s-length charges are:  (1) The amounts charged by LTD to                             
            its clients, or (2) LTD's net revenues, determined by                                         
            respondent's experts to approximate what would have been charged                              
            for similar services under similar circumstances.                                             
                  In the instant cases, we conclude that the amounts which                                
            were charged in independent transactions for the same services                                
            are arm's length charges.  The record in the instant cases                                    
            provides arm's length charges for the services in issue because                               
            LTD charged its unrelated clients for the services LTD paid INC                               
            to perform.32  Both parties’ experts provided their opinions as                               
            to an arm’s-length charge.  We, however, conclude that such                                   
            estimates are not useful in light of the facts and circumstances                              
            of the instant cases.  Additionally, we conclude that the amounts                             
            charged by INC to LTD are not, by definition, arm's-length                                    
            charges because they do not derive from independent transactions                              

            32                                                                                            
                  We note that the record reveals instances in which LTD dealt                            
            with "related" or favored clients who were charged lower or no                                
            fees.  For unrelated clients, however, LTD charged a standard                                 
            amount for the transactions it effectuated.                                                   





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