- 111 - the manuals and consulting with the local hotel executive staff. Yet petitioners have provided precious little guidance for us to determine an appropriate offset for the services supplied by HHK and HS.35 We are satisfied, however, that our holding allows HHK and HS reasonably adequate compensation for their efforts as hotel management companies, unlike respondent’s notice of deficiency determinations. As already discussed, franchise rates during the relevant period were equivalent to about 2 percent of hotel gross revenues. We have held that the arm’s-length charge for the Hyatt trade name and marks is .4 percent of hotel gross revenues. That holding was based on a 2-percent franchise rate, with 1 percent being attributable to expenses and the other 1 percent to profit on reservations, marketing, expertise, other services, and a royalty for trade names and marks. We considered one-half of 1 percent as the limit attributable to the royalties. In arriving at a two-fifths of 1-percent royalty rate we favored petitioner’s position that trade names and marks are less important in the international marketplace. The reallocable services provided by HIC coincide with those provided in a 35 Part of this is due to HHK and HS’s use of hotel staff in dual capacities and their ability to pass on expenses to the hotel owners in most of years in issue herein for which they supplied no records of hours spent or costs incurred, leaving us without the means to measure their contributions.Page: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
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