- 115 - Petitioners' argument is unpersuasive for several reasons. As we concluded earlier, Manver did not own the rights to the intangibles so there was no reason for MSI and MDT to pay royalties to Manver. The heavy burden imposed by the alleged royalties simply casts further doubt on whether the rates were reasonable. In fact, because Manver, MSI, and MDT were all controlled by the same individuals, the alleged financial hardship was self-imposed and could easily have been remedied by reducing the royalty rates. The record is replete with additions, alterations, and revisions to agreements. Petitioners included in the lump-sum amounts royalty payments of $5.85 million for a second California castle and a New Jersey castle, neither of which was built yet. The second California castle never opened. There is neither credible evidence nor reason to believe that an unrelated party would have been willing to pay $5.85 million in advance for royalty payments on speculation as to possible future need for the intangibles. Petitioners' position is further weakened by the amendments to the MSI/MDT and Manver royalty agreements that provided for payments in excess of the lump-sum amounts if either MDT's or MSI's gross sales exceeded certain base amounts. The amendments provided that MSI and MDT were to pay Manver 15 percent of their gross sales that were in excess of the base amounts. An agreement to pay additional royalties, in excess of the lump-sum amounts, is inconsistent with the claim that the original lump-Page: Previous 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Next
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