- 134 - of the DHL trademark for 1982 through 1992,20 and for fees from DHLI to DHL for delivery services in the United States and for imbalances and transfers. Finally, respondent determined that DHL should share in some of DHLI’s income, which was determined in connection with DHLI’s network fees. As between DHL and DHLI, no royalties were charged for use of the DHL trademark, and, until 1987, no charge was made for the imbalance and transfer services. Beginning in 1987, a cost plus 2 percent fee was to be charged to the party with the excess of shipments to the other and for DHL’s transfers of DHLI’s shipments through the United States. Respondent contends that the 2-percent fee was inadequate to fully compensate DHL. The proposed royalties and the transfer and imbalance items are necessarily interrelated and to some extent inversely proportionate. The royalty rate must be tied to the value or income capacity of the trademark. The fees for services for use of another company’s infrastructure and ability to efficiently deliver packages is related to the physical facilities and the intangibles we have described as existing infrastructure and operating know-how. We have been convinced that the trademark and the other intangibles are equally important in terms of the DHL network’s income potential. Accordingly, within the context of all intangibles, to the extent that the royalties are less 20 Royalties for years prior to 1990 are relevant because they affect the computation of net operating losses carried into the taxable years before the Court.Page: Previous 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Next
Last modified: May 25, 2011