DHL Corporation and Subsidiaries - Page 79

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          it sold in 1984.  Respondent noted that petitioners blamed their            
          failure to give notice on respondent’s failure to explain the               
          adjustments in the notices of deficiency.  In that regard,                  
          respondent also noted that petitioners were provided, pursuant to           
          the Court’s requirement, a detailed and specific explanation of             
          adjustments on October 28, 1996, about 3 months before expert               
          reports were to be filed with the Court.  Petitioners’ claim of             
          setoff was made on January 31, 1997, at about the time of the               
          submission of expert reports to the Court.                                  
               We agree with petitioners that the regulation should not be            
          a procedural impediment to any appropriate setoff under these               
          circumstances.  As to respondent’s complaint about the timeliness           
          of petitioners’ notice, respondent has not argued that he was in            
          any way specifically prejudiced by the timing of the notice.                
               Finally, we hold that petitioners are entitled to a setoff             
          of respondent’s 1984 section 482 adjustments that we have                   
          sustained.  The record reflects that DHLI never used the                    
          technology and that the technology did not have the type of value           
          attributed to it in the 1984 sale of technology transaction                 
          between DHL and DHLI.  Petitioners’ expert’s opinion contains               
          reasonable assumptions and comports with the record in these                
          cases.  Accordingly, we find and hold that the amount of the                
          setoff for the 1984 tax year equals the $13.05 million difference           
          between the stated $14.5 million sale price and a $1.45 million             






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