DHL Corporation and Subsidiaries - Page 61

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          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.                                                           



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