DHL Corporation and Subsidiaries - Page 60

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               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 net                




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Last modified: May 25, 2011