H Group Holding, Inc. and Subsidiaries - Page 104




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          Winget Kickernick Co. v. La Mode Garment Co., 42 F.2d 513, 514               
          (N.D. Ill. 1930).                                                            
               Having held that the Hyatt trade names and marks do have                
          value in the context of the international operations, we now turn            
          to evaluating the amount of arm’s-length consideration that                  
          should have passed from HIC to Hyatt Domestic for the use of the             
          Hyatt names and marks.  The parties placed heavy reliance on                 
          their respective expert witnesses in arguing what is the correct             
          amount of arm’s-length consideration for use of the names and                
          marks.  In reaching our holding:                                             
               We weigh expert testimony in light of the expert’s                      
               qualifications as well as all the other credible                        
               evidence in the record.  Estate of Newhouse v.                          
               Commissioner, 94 T.C. 193, 217 (1990).  We are not                      
               bound by the opinion of any expert witness, and we will                 
               accept or reject that expert testimony when, in our                     
               best judgment, based on the record, it is appropriate                   
               to do so.  Estate of Newhouse v. Commissioner, supra;                   
               Chiu v. Commissioner, 84 T.C. 722, 734 (1985).  While                   
               we may choose to accept the opinion of one expert in                    
               its entirety, Buffalo Tool & Die Mfg. Co. v.                            
               Commissioner, 74 T.C. 441, 452 (1980), we may also be                   
               selective in the use of any portion of that opinion.                    
               Parker v. Commissioner, 86 T.C. 547, 562 (1986).                        
          Sundstrand Corp. v. Commissioner, 96 T.C. at 359.  A review of               
          the royalty, marketing, and reservations charges of U.S.-based               
          hotel franchises by respondent’s expert (BVS) resulted in                    
          combined average rates ranging from 3 to 7 percent of gross room             
          revenue.  Generally, as a percentage of gross room revenues,                 
          royalties ranged from 4 to 5 percent, typical marketing fees                 






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