- 151 - 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 thePage: Previous 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 Next
Last modified: May 25, 2011