- 62 - 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).Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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