- 19 - own. SMP provided this assistance before the merger with petitioner was proposed and with the knowledge that petitioner would be taking over its terminated license. SMP was run by members of the Nyingma community and controlled by DM and the other Nyingma organizations. The assistance that petitioner received from SMP supports a finding of a close relationship between DM and petitioner. Petitioner wants to appear as an entity independent from DM with its own desire to earn a profit. However, petitioner constantly paid the majority of its after-tax profits to DM and even sustained an after-tax loss during one of the years in issue. Moreover, after petitioner paid its profits to DM, it had to go to DM and another Nyingma organization for financing when it needed a new printing press to stay competitive in the industry. Petitioner dedicated its profits to benefit Buddhist culture and traditions. It made no difference to petitioner whether it paid large or small royalties to DM because the profits given to DM would be used for these purposes. Because of the close relationship between petitioner and DM, we find that the license agreement was not the result of arm's-length bargaining. The determination of the amount of reasonable royalties in this case requires two lines of inquiry: (1) What assets did petitioner license from DM, and (2) what is the value of the licensed assets? Both parties presented expert witnesses regarding the value of the license agreement. We are not boundPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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