KENCO Restaurants, Inc. et al. - Page 18

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          actual experience; and was recorded in contemporaneous records              
          kept in computer spreadsheets.”  We, thus, assume that                      
          petitioners' implicit defense to the claim of negligence rests on           
          the accuracy of their time allocations.  Petitioners bear the               
          burden of proof.  Rule 142(a).  Petitioners have not carried that           
          burden.                                                                     
               Petitioners make much of the unusual events, which occurred            
          during the years at issue, and which, petitioners claim, required           
          BKK to dedicate unusual amounts of time to certain of the                   
          purchasing corporations.  Those events, however, do not account             
          for petitioners' allocations, and the record does not support               
          petitioners' contentions that the owner-managers spent most of              
          their time working on behalf of K-K and Kenco.  Although no                 
          special projects required additional managerial attention for               
          Kenco's restaurants in 1991, unlike in 1990, the management cost            
          fee allocated to Kenco for 1991 was higher in absolute terms, and           
          only slightly lower in relative terms, than the fee BKK charged             
          to Kenco in 1990.  Although petitioners do not claim that K-K               
          required unusual management attention in 1992 as compared to                
          1991, its allocated fee was higher in both absolute and relative            
          terms in 1992 than in 1991. It is telling that, between 1990 and            
          1992, GMK's management cost fee allocation increased more than              
          900 percent.  That percentage increase substantially exceeds the            
          increases in the management cost fee allocated to the other                 
          members of the commonly controlled group.  In relative terms,               




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