- 61 - 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 managementPage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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