DHL Corporation and Subsidiaries - Page 40

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          DHLI under the 1974 MOA and subsequent amendments and that                  
          petitioners have failed to show that any expenditures incurred by           
          DHLI were more than would have been incurred at arm’s length                
          under those circumstances so as to trigger the need for an                  
          allocation under the regulations.                                           
               Our review of the regulations and some of the examples cited           
          therein lead us to the conclusion that petitioners’                         
          interpretation does not work when applied to the facts in our               
          record.  First, there was no specific cost-sharing agreement with           
          respect to development, enhancement, or maintenance of the DHL              
          trademark.  Petitioners have presented evidence that, over a                
          period of years, DHLI spent substantially more on advertising               
          than DHL.  We have no way of measuring those expenditures’ effect           
          on the value of the trademark.  That is especially so where                 
          petitioners’ experts, in contradiction to petitioners’ argument             
          on this point, opined that the trademark has limited value and              
          that the excess value of DHLI that may be indicated is                      
          attributable to intangibles other than the trademark.  Having               
          found a value higher than what petitioners argue was the limit,             
          petitioners argue that DHLI is the developer of the non-U.S.                
          portion and is responsible for the value we have found.                     
          Petitioners then contend that respondent should have reduced any            
          adjustment to DHL based on an arm’s-length or fair market value             
          by the amount attributable to DHLI in developing or assisting in            
          developing the non-U.S. trademark.                                          




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