H Group Holding, Inc. and Subsidiaries - Page 75




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          was an abuse of discretion (arbitrary, capricious, or                        
          unreasonable).                                                               
               B.  Substitution of Experts’ Opinions                                   
               Hyatt Domestic and HIC are subsidiaries of different parent             
          corporations, petitioners HGH and AIC, respectively.  Each                   
          petitioner filed consolidated Federal income tax returns with its            
          U.S. subsidiaries.  In the notices of deficiency, respondent                 
          determined that, for the taxable years ending January 31, 1980               
          through January 31, 1988, the income of Hyatt Domestic should be             
          increased to reflect royalties from HIC for the use of the Hyatt             
          trade names and marks.  The amount of the determined royalty was             
          equal to 1.5 percent of the gross revenues of each hotel operated            
          or managed by Hyatt International group.  Similarly, respondent              
          also determined that HIC’s income for its taxable years ending               
          December 31, 1976 through December 31, 1983, should be increased             
          by the same 1.5 percent of the gross revenues and that amount                
          should be allocated from HIC’s subsidiaries.                                 
               Respondent also determined that HIC’s income should be                  
          increased by allocating a certain portion of the management fee              
          income of its subsidiaries (HHK, HS, and HP).  The allocated                 
          portion was the excess of the amount respondent determined as the            
          arm’s-length charge for management services performed by the                 
          subsidiary, less the amount that was determined to be a royalty.             
          Respondent calculated arm’s-length charges for management                    





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