Inverworld, Inc., et al. - Page 143

                                                - 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.                                                              




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