DHL Corporation and Subsidiaries - Page 153

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          proposed by respondent at trial are attributable to information             
          acquired by respondent after issuance of the notices of                     
          deficiency.  Ultimately, the factual information exchanged by the           
          parties and then offered into evidence forms the basis for our              
          opinion.  The amounts decided are considerably less than the                
          amounts determined in the notices.  The decided amounts, however,           
          fall somewhere in between the extreme trial positions of the                
          parties.                                                                    
               The large difference between the amounts contained in                  
          respondent’s notices and those proposed at trial and the                    
          differences between the parties’ trial positions are largely                
          attributable to the assumptions adopted by the parties’ experts.            
          For example, respondent’s in-house expert used a 15-percent                 
          markup on the imbalance costs, whereas respondent’s trial expert            
          used a 4-percent markup.  Ironically, because petitioners’ expert           
          advocated a full cost approach to the imbalance adjustment, he              
          was able to appear magnanimous by using the same 15-percent                 
          markup that had been used by respondent’s in-house expert in the            
          notice.  This serves to illustrate that differences in                      
          assumptions made large differences in the determinations and the            
          parties’ positions.  The assumptions relied on by respondent were           
          not arbitrary, capricious, or unreasonable considering the                  
          circumstances here.                                                         
               Accordingly, respondent’s notice determinations, although              
          resulting in determinations at the outside margins, represent a             




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Last modified: May 25, 2011