H Group Holding, Inc. and Subsidiaries - Page 96




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          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's                 








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