- 83 - section 482 determinations, petitioners must show an abuse of respondent's discretion.21 V. Arm’s-Length Consideration A. Respondent’s Allocations of Management Fee Revenue for HHK, HS, and HIC HHK and HS received management fee revenue from hotels for which HHK or HS did not provide services. In this regard, petitioners acknowledge that HIC was responsible for European and Central American hotels throughout the years in issue (1976 through 1983). Accordingly, we sustain respondent’s allocation of income for these hotels to HIC.22 HHK received consulting fees and royalties from HESA without performing services for HESA or the Mexican hotels. HESA managed the hotels in Mexico and earned the management fees, and the consulting agreement was merely a mechanism to reduce local 21 In the final analysis, it did not make a difference that petitioner was unable to show that all of respondent's determinations were arbitrary, capricious, or unreasonable. That is so because, in those instances where we redetermined an arm’s- length consideration, petitioners were not able to meet the lesser standard of showing that their reporting or trial position was for an arm’s-length consideration. 22 BVS recommended allocation of revenue from certain hotels in the Middle East and North Africa. These particular hotels were not in operation during the years affecting the allocations to HIC (1976 through 1983), and allocation in the later years that involve only Hyatt Domestic’s allocations (through 1988) would not change the result because, ultimately, the royalties were computed as a percentage of gross hotel revenues rather than being based on HIC’s revenues. Thus, it is not necessary to analyze the particulars of hotels managed in those regions.Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
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