- 65 - Examiner’s Report for the taxable years 1976 through 1981. The Mooney report served as one of the bases for respondent’s deficiency notice determinations (addressed to petitioner AIC) that HIC’s income be increased by allocations of income from certain of its subsidiaries. The Mooney report, for the 1979 through 1981 tax years, credited HIC with the development, implementation, and monitoring of the Hyatt International management system (policies and procedures) and of a set of standards for the operations of its hotels. It contained the statement that “Without these efforts and intangible assets developed by HIC, HHK could not operate as a hotel management firm.” In deciding how to allocate income between HHK and HIC, Dr. Mooney also determined a “normal return” amount. He further opined that amounts in excess of his determined “normal return” should be attributed to the intangible assets and services provided by HIC. To compute the “normal return”, Dr. Mooney first reviewed a 1980 study by James J. Eyster (Eyster study) containing the information that chain operators generally require a per-hotel management fee ranging from $65,000 to $120,000. Dr. Mooney, however, relied on two Hyatt International contracts that specified minimum management fees: one dated August 24, 1979, providing for a $75,000 minimum annual fee per hotel in the Philippines, and the other dated April 24, 1981, providing for aPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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