- 82 - subsidiaries and in the overall management of the Hyatt International group. Significantly, to the extent that services were charged, they were at cost. Under that combination of circumstances these financial trends appear to be incongruent. Confronted with that information and data gathered from other hotel chains, respondent’s employees' evaluations and, ultimately, respondent’s determinations were based on reasonable assumptions and fell within reasonable limits. After trial, we were able to discern nuances and differences in petitioners' operations that caused us not to sustain fully respondent's notice or trial positions; however, we generally did not accept petitioners' reporting or trial positions either. Accordingly, we do not find respondent’s determination with respect to these allocations to be arbitrary, capricious, or unreasonable. Having decided that some of respondent’s determinations were arbitrary and capricious, petitioners are left with the burden of showing that the amounts in question were for an arm’s-length consideration. If petitioners fail to show that their transactions met the arm’s-length standard, then we must decide the appropriate consideration; i.e., an arm’s-length rate between unrelated parties. Concerning the remainder of respondent'sPage: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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