- 78 - 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 toPage: Previous 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Next
Last modified: May 25, 2011