- 90 - 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 feesPage: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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