DHL Corporation and Subsidiaries - Page 48

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          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.                                         



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