Medieval Attractions N.V - Page 152

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          C.B. at 477. This Court has long recognized the use of an "arm's-           
          length" standard to determine the ordinary and necessary                    
          character of a payment to a related party under section 162(a)              
          (and its predecessor, section 23(a)).  Differential Steel Car Co.           
          v. Commissioner, 16 T.C. 413, 423-425 (1951); Granberg Equip.,              
          Inc. v. Commissioner, 11 T.C. 704, 713-714 (1948); Nestle Co. v.            
          Commissioner, T.C. Memo. 1963-14.                                           
               Section 482 sets forth two requirements with respect to                
          intangibles:  (1) A transfer or license of the intangible and               
          (2) the income received because of the transfer must be                     
          commensurate with the income attributable to the intangible.                
          Petitioners assert that there was a transfer of intangibles,                
          i.e., the Medieval Times concept from TM to Gatetown and from               
          Gatetown to Manver.  Petitioners further assert that, once Manver           
          owned the intangibles, MSI and MDT were obligated to enter into             
          licensing agreements with Manver in order to use the Medieval               
          Times concept.  Petitioners’ primary arguments begin at this                
          point and focus on whether the amounts paid under the licensing             
          agreements are commensurate with the income attributable to the             
          intangibles.  Petitioners rely on the section 482 regulations,              
          which provide several different methods to determine whether a              
          transaction is at arm’s length.  The methods address the “income            
          attributable to the intangible” language of section 482.                    
               Before we can ascertain if the income with respect to a                
          transfer is commensurate with the income attributable to the                




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