- 69 - agree to extend the assessment period, triggering the issuance of the notices of deficiency before respondent’s receipt of complete information. The pretrial and trial dialogue in these cases was contentious. The parties’ representatives gave no ground on any point and protracted the trial and pretrial activity. The trademark sale adjustments and royalty deficiency notice determinations were developed by respondent’s economist, Nicholas Baran (Baran). This was Baran’s first IRS examination, and he had never previously valued a trademark. His prior experience with discounted cash-flow analysis related to bank loan portfolios. Baran determined a worldwide value for the DHL trademark of $516,520,000 as of 1990 and $601,380,000 as of 1992. Baran valued the 1990 DHL trademark rights at $289,300,000 for domestic and $227,220,000 for foreign. Baran valued the 1992 DHL trademark rights at $350,870,000 for domestic and $250,510,000 for foreign. He valued the 1990 through 2004 DHL domestic trademark rights at $140,800,000, and valued those same rights beginning in the year 2005 at $148,500,000, as of 1990. Baran valued the 1992 through 2006 DHL domestic trademark rights at $170,370,000, and he valued those same rights beginning in the year 2007 at $180,500,000 as of 1992. Baran considered a royalty rate in a license agreement between DHLI and a controlled subsidiary as a standard for use in valuing the DHL trademark. He used a 3-percent royalty rate forPage: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
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