- 145 - Petitioners’ other expert, an economist, analyzed the transfer price between DHL and DHLI. Although DHL and DHLI applied their cost-plus 1987 approach for imbalances and transfers on a per-shipment basis times a weighted average delivery cost and percentage markup, petitioners’ expert analyzed the cost for all reciprocal shipments and arrived at a different result from DHL and DHLI and from respondent’s approach. By estimating a substantial cost differential between DHLI and DHL (larger for DHLI), petitioners’ expert concluded that any adjustment for the imbalance, whether computed at cost plus 2, 4, or 15 percent markup, would result in a substantial adjustment in DHLI’s favor for all years under consideration. Respondent’s expert used or accepted the same methodology as DHL and DHLI had used to compute the imbalance, but he used a 4- percent as opposed to the 2-percent markup that was used by DHL and DHLI. Respondent’s expert concluded that there should be an imbalance adjustment for pre-1987 years and an increase in DHL’s and DHLI’s adjustment for the years where a 2-percent markup was used. Because respondent’s expert used the same approach or methodology called for in the agreements between DHL and DHLI, we consider his report first, and then we will contrast and consider petitioners’ expert’s approach. Although the taxable years before the Court are 1990, 1991, and 1992, respondent is able to determine section 482 adjustments to earlier years because of the existence of netPage: Previous 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Next
Last modified: May 25, 2011