- 100 - T.C. 502, 512 (1967))”. Estate of Hall v. Commissioner, 92 T.C. 312, 338 (1989). On brief, petitioners argue that the $20 million price agreed to by the parties to the transaction was at arm’s length because of the differing and adverse interests as between the controlling shareholders and the foreign investors. Petitioners also contend that the 1989 negotiations established “a $50 million ceiling value” for the DHL trademark worldwide. The main thrust of petitioners’ argument on value is that tangible and intangible components (other than the trademark) of the DHL air express network and the ability to efficiently deliver are worth more to customers than the DHL name, and, therefore, the network was “far more valuable” than the trademark. Respondent, on the other hand, contends that an analysis of the values used by the parties to the transaction will reflect that the intangibles, primarily the trademark, were valued by the foreign investors at almost $300 million12 and that amount comports with respondent’s experts’ proffered values. As an alternative, respondent argues that value resides in DHL’s retention of the right to use the DHL trademark in the United 12 Respondent’s determination alternatively valued the trademark in 1990 and 1992. The 1992 valuation produced the higher amount approximating $600 million and the 1990 valuation was closer to $500 million. Respondent’s litigating position, which is based on the 1990 date, approximates a $300 million value for the trademark.Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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