- 66 - $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 fourPage: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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