- 146 - operating losses carried from the 1970’s and 1980’s that petitioners have claimed in the years before the Court. Accordingly, respondent seeks the allocation of imbalance and transfer costs and 4-percent markups25 for the years 1979 through 1986 and increases in the markup rates for imbalance and transfer computations from 2 to 4 percent for 1987 through 1992. It should be noted that the imbalance for 1991 and 1992 resulted in a payment from DHL to DHLI. In that regard, respondent contends that the 4-percent rate should apply to that payment and an allocation made favoring petitioners. Respondent’s pre-1987 proposed adjustments are larger because they include the cost and the markup, whereas the 1988 through 1992 adjustments cover only an increase in the markup percentage.26 Respondent’s expert, an economist, by using information reported by DHL, including financial statements and annual 25 Respondent used a 15-percent markup in the statutory notice determination. 26 The adjustment for the years 1987 and forward where DHL and DHLI used a cost plus 2 percent markup are relatively small in that they usually represent the difference between the 2 and 4-percent markups. For example, the adjustment computed by respondent’s expert (which represents respondent’s trial position and represents a reduced markup percentage from 15 down to 4) for the 1988 tax year is $277,000 for the imbalance and transfers. That is so because respondent does not question the parties’ approach and computation of the base (costs) to which the markup percentage is applied. In contrast, for years prior to 1987, DHL and DHLI did not address the imbalance, and the cost factor was not paid on the imbalance. This difference accounts for relatively larger combined adjustments for the imbalance and transfers ranging from $1.075 million for 1979 up to $12.480 million for 1986.Page: Previous 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 Next
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