H Group Holding, Inc. and Subsidiaries - Page 87




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          This approach was used because it was thought that a hotel’s                 
          geographical distance from Hyatt Domestic’s U.S. sales offices               
          would affect the benefits; i.e., the greater the distance, the               
          less the benefit.  Respondent, however, concluded that the                   
          possibility for tax avoidance was lurking in these circumstances             
          under which many hotels were being charged less than an equally              
          apportioned share of the chain service allocation.  The use of               
          total rooms per hotel adjusted for the distance of a hotel from              
          the U.S. sales offices, to some extent, appears to reasonably                
          account for the circumstances.                                               
               Beginning February 1, 1980, cross-billing and reimbursement             
          were discontinued under the assumption that the benefits                     
          exchanged were equal, although both organizations continued to               
          share chain services.  Both Hyatt Domestic and the Hyatt                     
          International group invested in establishing chain services and              
          made a business decision to share those services.  To the extent             
          that they exchanged services of equal value, we hold that no                 
          allocation between HIC and Hyatt Domestic is warranted.  To the              
          extent that respondent’s determinations included allocations of              
          income between Hyatt Domestic and HIC for chain services it was              
          an abuse of discretion.  We note that any income allocation                  
          between HIC and Hyatt Domestic would have been made under the 1.5            
          percent royalty adjustment.                                                  







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