DHL Corporation and Subsidiaries - Page 149

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          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.                             



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