- 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.Page: Previous 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 Next
Last modified: May 25, 2011