- 76 - concluded that arm’s-length royalties should be $83,129,000 for 1982 through 1992 or $57,095,000 for 1984 through 1992, respectively. With respect to imbalance and transfer fees, duplications were contained in the notices of deficiency. The imbalance adjustments included the cost of deliveries that had already been reported on petitioners’ returns. The determination, in addition to the cost amounts, added a 15-percent markup instead of the 2- percent markup reported. Respondent’s trial expert, however, recommended a 4-percent markup, and respondent, for purposes of trial, conceded that the determination was overstated to the extent of the cost duplication portion of the above-described adjustment. Finally, with respect to the network fee, the adjustment contained some duplication. Respondent’s trial expert on this subject used a differing terminology to describe his proposed adjustment, and petitioners argue that either respondent has therefore abandoned the network fee adjustment set forth in the notices of deficiency or the network fee determination must be regarded as arbitrary, capricious, and unreasonable. Respondent counters that the network fee adjustment has not been abandoned and the approach taken in the notices and by the respondent’s trial expert are reasonable.3 3 Due to our holding on the network fee issue, it is unnecessary to decide the parties’ contentions.Page: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Next
Last modified: May 25, 2011