- 17 - 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 onPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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