KENCO Restaurants, Inc. et al. - Page 17

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          ability to assume the cost of such expenses, and that petitioners           
          continued to do so even after they were informed by respondent’s            
          agents that the method of determining such costs was arbitrary.”            
          That explanation, at least the first clause, is not a model of              
          clarity.  We deduce that respondent’s principal complaint is that           
          petitioners were negligent in allocating the BKK fees on a basis            
          that did not reflect the relative usage of BKK services by the              
          purchasing members.                                                         
               Ms. Moore was of the opinion that petitioners' method of               
          allocating the management cost share fee did not satisfy a value            
          added standard.  Ms. Moore opined that each restaurant showed               
          profitability consistent with industry averages before the                  
          management cost share fee allocation, but not after, concluding             
          that petitioners' allocation distorted the individual store                 
          performances and did not clearly reflect the economic income of             
          those locations.                                                            
               Petitioners claim:  “The representations of hours spent by             
          the owner/managers is highly reliable and was neither rebutted              
          nor impeached at trial.”  We assume that petitioners’ claim is              
          that the representation of hours spent by the owner-managers is             
          reliable in the sense that it accurately reflects the hours spent           
          with respect to each purchasing member.  Petitioners state:                 
          “[T]he time allocation was based on historical experience; was              
          evaluated on a regular, on-going (almost daily) basis by the                
          owner/managers; was evaluated and adjusted at midyear based on              




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