H Group Holding, Inc. and Subsidiaries - Page 92




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               Respondent’s adjustments to HIC’s income involve three types            
          of allocations:  (1) Royalty to HIC for its subsidiaries’ use of             
          trade names and marks, (2) allocation to HIC of its subsidiaries’            
          management fee revenues, and (3) allocation of management income             
          to reflect HIC’s relative contribution vis-a-vis the subsidiary              
          in operating the individual hotels.  Respondent’s royalty income             
          allocations for trade names and marks from HIC’s subsidiaries to             
          HIC are based on the same reasoning and were at the same                     
          percentage as allocated from HIC to Hyatt Domestic.  Our                     
          reasoning for the Hyatt Domestic/HIC royalty allocation also                 
          applies to HIC and its subsidiaries.  Accordingly, we hold that              
          respondent’s determinations involving royalty income allocations             
          to HIC from its subsidiaries were an abuse of discretion.                    
               Respondent also determined that the management fee income               
          reported by HHK, HS, and HP above a “normal return” per hotel,               
          should be allocated to HIC.  In computing the subsidiary income              
          allowed, only those hotels respondent determined to be actually              
          managed by the respective subsidiary received an allowance.                  
          Accordingly, some portion of the allocations represented income              
          from HIC’s subsidiaries with respect to those hotels that                    
          respondent decided were not managed by the subsidiary.  Due to               
          respondent’s selectivity and the use of average allowances rather            
          than actual hotel revenues, there is no way accurately to                    







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Last modified: May 25, 2011