H Group Holding, Inc. and Subsidiaries - Page 80




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          $100,000 annual fee for a Saudi Arabian hotel.  Dr. Mooney,                  
          considering these contracts with unrelated parties as the best               
          evidence of a normal return for HHK, set the allowable fees at               
          $75,000 per hotel for 1979, $87,500 for 1980, and $100,000 for               
          1981.  He recommended that any income above the allowable fees be            
          allocated from HHK to HIC.                                                   
               Mr. Burt, an industry economist employed by the IRS, was                
          assigned the task of analyzing whether and the extent to which               
          section 482 allocations of income or deductions should be made               
          among and between Hyatt Domestic, HIC, and certain subsidiaries              
          of HIC, attributable to the use of the Hyatt trade names,                    
          trademarks, and/or other intangibles.  Mr. Burt prepared two                 
          reports that were included as part of the revised International              
          Examiner’s Report for the taxable years at issue.  Mr. Burt’s                
          reports served as one of the bases for respondent’s deficiency               
          notice determinations allocating income from HIC to Hyatt                    
          Domestic and from certain subsidiaries of HIC to HIC as a result             
          of the use of the Hyatt trade names, trademarks, and/or other                
          intangibles.                                                                 
               In the first undated report (Burt report one), for the 1979             
          through 1981 tax years, Mr. Burt opined that 1.5 percent of gross            
          hotel revenue was an arm’s-length royalty for the use of the                 
          Hyatt trade names and marks.  Mr. Burt’s use of the 1.5-percent              
          rate derived from franchise royalties rates charged by four                  





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