H Group Holding, Inc. and Subsidiaries - Page 23




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          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.                            





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