H Group Holding, Inc. and Subsidiaries - Page 79




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          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 a             





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