DHL Corporation and Subsidiaries - Page 142

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          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 for            




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