- 27 - skillful means and SMMT to justify substantial transfers of its profits to DM, a closely related entity. Moreover, we do not agree with petitioner's contention that SMMT is a proprietary trade secret that justifies the exorbitant royalties that petitioner paid to DM. "Mastering Successful Work", which DM published in 1994, relates to SMMT and sells for $14.95. The preface of the book states that it is based on materials that petitioner received pursuant to the license agreement. Petitioner denies that "Mastering Successful Work" reveals any of the allegedly proprietary SMMT materials. However, the testimony of petitioner's witness with regard to this issue is not credible. Moreover, the Nyingma Institute offers skillful means classes, and DM published a book relating to skillful means in 1978. Nevertheless, we find that petitioner's license of SMMT does support the payment of some royalties to DM. We accept the general methodology of respondent's expert in valuing SMMT. Respondent's expert, Dr. Spiro, valued SMMT based on the tuition for classes at the Nyingma Institute. Respondent argues that SMMT had little value because Nyingma workers valued work as a spiritual practice before working for petitioner. SMMT has value to petitioner and to its Nyingma employees apart from the spiritual value that Nyingma employees place on work. SMMT enabled the Nyingma employees to develop and expand their practice of Dharma. SMMT provided a benefit to the Nyingma employees similar to an employer's offering to pay for collegePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011