DHL Corporation and Subsidiaries - Page 41

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               Overall, petitioners have not carried their burden of                  
          showing the requisite fact pattern for the relief they                      
          seek--reallocation/reduction for the international portion of the           
          trademark value.  To some extent, our reduction of the trademark            
          value from $150 million to $100 million accounts for DHLI’s                 
          efforts in registering and perfecting the trademark rights.                 
               The related parties’ relationship regarding the use of the             
          DHL trademark was not a textbook example of a licensing                     
          agreement, but it was sufficient to bind these related parties              
          and to effectuate control over the use of the trademark.  There             
          was no agreement or evidence of an agreement to permit DHLI’s               
          separate development of the DHL trademark other than as a                   
          licensee.  DHL employees and/or officers did not agree, with                
          limited exceptions, to DHLI’s use or registration of the                    
          trademark in its own name.  Petitioners argue that the subject              
          regulations are not concerned with ownership, but, in the same              
          context, also argue that a trademark may be owned by different              
          interests and separately owned in different countries.  We have             
          already addressed this question in considering the trademark                
          ownership.                                                                  
               Next, petitioners rely on language in section 1.482-                   
          2(d)(1)(ii)(c), Income Tax Regs., which provides guidance as to             
          some of the factors to be considered in determining which member            
          of a group of related entities is a developer, as follows:                  
               Of all the facts and circumstances to be taken into                    
               account in making this determination, greatest weight                  



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