H Group Holding, Inc. and Subsidiaries - Page 76




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          services that respondent allowed on a per-hotel basis times the              
          number of hotels managed.  The determinations of the per-hotel               
          amounts were based on the reports of respondent’s prenotice                  
          economists, Dr. Joseph Mooney (Dr. Mooney) and David Burt (Mr.               
          Burt).  In addition, respondent determined that the subsidiaries             
          did not manage all of the hotels that remitted fees to them, and,            
          therefore, the number of hotel allowances was limited                        
          accordingly.                                                                 
               At trial, the reports of the above-referenced in-house                  
          economists were not offered or relied on by respondent.  Instead,            
          respondent relied on Business Valuation Services’ (BVS) opinion,             
          in which a profit-split method15 of determining allocations was              
          utilized to produce an arm’s-length royalty for use of the trade             
          names and marks and arm’s-length fees for services performed.                
          The total allocations, as recommended in the BVS report, are as              
          follows:                                                                     









               15  “The profit split approach divides the related parties’             
          combined revenues based on an ad hoc assessment of the                       
          contributions of the assets and activities of the commonly                   
          controlled enterprises.”  Eli Lilly & Co. v. Commissioner, 856               
          F.2d 855, 871 (7th Cir. 1988), affg. in part, revg. in part on               
          other issues and remanding 84 T.C. 996 (1985).                               




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