- 220 - not include LTD’s payment of service fees to INC. Consequently, we held, supra pp. 206-207, that respondent’s allocation of the remaining amount of LTD’s net income to INC (thereby effecting an allocation, when added to the amount of service fees already paid by LTD to INC, of all of LTD’s net income to INC) is arbitrary. Because we use the fees that LTD charged its unrelated clients as the arm’s length charge for INC’s services, we calculate INC’s arm’s length charge in the same manner as LTD calculated its service charges to its clients; to wit: we multiply the net value of assets placed with LTD by a percentage factor, depending upon the category of investment. As to the total amounts of client assets placed with LTD, we use the figures in respondent's expert report, which are rounded from figures in the audited annual reports of LTD and its subsidiaries for 1985 through 1989. As to the percentage factors, which for some products include an initial placement cost and an asset management fee, we use the figures in the discretionary authorizations or the Deloitte workpapers. LTD paid INC to handle LTD’s certificates of deposit and pooled investments operation, cash and investment funds, and Treasury bill transactions. LTD charged its clients 0.50 percent of the net assets placed with LTD in the certificate of deposit operation, cash and investment funds, or Treasury bill transactions. Accordingly, the arm’s length charge for INC’s services for such operations is the amount of net assets received from clients times 0.50 percent.Page: Previous 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 Next
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