- 136 - 1984 $2,759,000 1985 3,239,000 1986 4,007,000 1987 5,156,000 1988 6,247,000 1989 7,305,000 1990 8,597,000 1991 10,536,000 1992 9,249,000 Petitioners argue, first, that no royalty was due from DHLI because it was the “developer” and, second, if we should find that DHL was the developer and/or owner of the trademark, no royalty would be due under an arm’s-length standard.22 Petitioners contend that this is so because of reciprocal benefits to both DHL and DHLI under the mutual agency agreement. Petitioners rely on a regulation that indicates that a cash 22 Petitioners did not offer an expert who proposed a royalty rate for use of the DHL trademark. Petitioners’ experts concluded that the trademark had little or no value and that, accordingly, no royalties are warranted. Another of petitioners’ experts, in reaching a value for the trademark, used the parties’ .75-percent rate (to begin in 2007) discounted to an amount that he believed would apply in 1990. The discounting was a present value approach. Although a present value approach has been held appropriate to reflect the time value of money, no meaningful reason was advanced for discounting a royalty rate for the passage of time. The value of a trademark or the amount of a royalty does not automatically increase or decrease with the passage of time. Finally, one of petitioners’ experts, an economist, provided his opinion of all respondent's statutory notice sec. 482 adjustments, including the trademark value, royalties, imbalance fees, transfer fees, etc. His critique of respondent’s determinations was based on the information available to respondent at the time the notice was issued and not on the substantial amount of information that was exchanged by the parties after the issuance of the notice. This expert’s report had some relevance to the question of whether respondent’s notices of deficiency were arbitrary or capricious but is out of sync with the evidence the Court must evaluate on the basis of the record.Page: Previous 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Next
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