H Group Holding, Inc. and Subsidiaries - Page 15




                                       - 104 -                                         

               Petitioners’ expert conceded that the services of IPS were              
          integral in that those services were provided to unrelated                   
          parties, although petitioner’s expert also concluded that IPS’               
          activities were minimal during the years in issue.  It appears               
          that IPS was uniquely capable of providing its services since the            
          design manuals and area programs, although tailored to suit a                
          particular hotel, were intended to exemplify how a Hyatt                     
          International hotel should be constructed or operated.  No other             
          design company would have access to this information.  Thus, we              
          find the activities of IPS are integral.  Other services,                    
          including marketing and coordination of insurance and benefits               
          were performed and may be integral, but there is no way to                   
          distinguish the costs of the other services provided to HHK and              
          HS from the total costs to the Hyatt International group                     
          entities.  The subsidiaries or the hotel owners paid the direct              
          costs; however, the indirect costs (i.e., overhead) were not                 
          included.  Thus, whether we conclude that such services were or              
          were not integral, we are effectively unable to determine the                


               31(...continued)                                                        
               in the operations of the recipient.                                     
                    (iv) Services are an integral part of the business                 
               activity of a member of a controlled group where the                    
               recipient has received the benefit of a substantial                     
               amount of services from one or more related parties                     
               during its taxable year.  * * *                                         






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