DHL Corporation and Subsidiaries - Page 69

                                        - 153 -                                       
          information does not exist in this record; (3) the expert used              
          1991 and 1992 cost figures for DHLI which are different from                
          those used by the parties and contained in the record; (4) the              
          expert used a 15-percent markup (same as used in the notices of             
          deficiency but different from the 4 percent advanced by                     
          respondent for purposes of litigation and 2 percent used by the             
          parties) without analysis of comparable companies to determine              
          what an appropriate markup should be, and respondent also points            
          out that petitioners argued that the 15-percent markup used for             
          the notice determinations was arbitrary and capricious; and (5)             
          the expert’s use of package or document weight is unjustified and           
          does not comport with the parties’ agreement that uses a weighted           
          cost that accounts for the difference in costs between packages             
          and documents, and therefore no further adjustment is necessary             
          to the imbalance cost.                                                      
               The record and most of the expertise provided by the parties           
          support DHL’s and DHLI’s 1987 approach to the imbalance and                 
          transfers as one that is arm’s length, and we so hold.                      
          Petitioners did not provide any other reciprocal arrangements               
          with unrelated parties that were under the same or similar                  
          circumstances as those advanced by their expert.  See sec. 1.482-           
          2(d)(2)(ii), Income Tax Regs.  Accordingly, we used a facts and             
          circumstances approach to deciding an arm’s-length markup.  Sec.            
          1.482-2(d)(2)(iii), Income Tax Regs.  Regarding the failure to              
          account or pay for imbalances or transfers before 1987, we hold             




Page:  Previous  143  144  145  146  147  148  149  150  151  152  153  154  155  156  157  158  159  160  161  162  Next

Last modified: May 25, 2011