DHL Corporation and Subsidiaries - Page 67

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               Petitioners’ expert opined that DHLI delivery costs are                
          greater than DHL’s because of the higher airport costs,                     
          complication of delivery in foreign countries, and the greater              
          distances.  He concludes that the difference in delivery costs is           
          so great that, without considering the excess shipments or                  
          imbalance, DHL should owe DHLI.  The magnitude of the expert’s              
          approach is illustrated by the difference in a single year.  For            
          the 1990 year, under DHL and DHLI’s agreement, DHL handled more             
          shipments for DHLI than the reverse, and DHLI owed about $10.1              
          million, including the weighted cost and a 2-percent markup.                
          Under petitioners’ expert’s approach, DHL would owe DHLI about              
          $32.3 million, a difference of over $42 million or four times the           
          amount agreed to by DHL and DHLI for a single year.                         
               We cannot accept the premise or reasoning advanced by                  
          petitioners’ expert for a “gross up” of the parties’ reciprocal             
          costs as representing an arm’s-length relationship.  Petitioners’           
          expert seems to be contending that his approach is appropriate              
          for controlled corporations, but he has not explained why it is             
          representative of an arm’s-length approach.  Additionally,                  
          respondent has not questioned the cost approach used by                     
          petitioners for the imbalance, only the markup rate that was                
          used.                                                                       
               The record here does not support petitioners’ expert’s                 
          supposition.  The parties to the agreement did not intend or                
          expect that one party or the other would always suffer the                  




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