H Group Holding, Inc. and Subsidiaries - Page 106




                                        - 92 -                                         

          and HIC.  The HESA royalty agreement was part of a group of                  
          simultaneously executed contracts establishing a joint venture               
          relationship between HIC and VIS.  We also note that although 15             
          percent of HIC’s adjusted net revenues, as calculated by BVS,                
          might have been equivalent to 1 percent of hotel gross income, we            
          do not accept all of the management fee allocations BVS made, and            
          therefore the use of BVS’s 15-percent equivalence does not have              
          adequate support in the record.                                              
               With the parties going off in opposite directions and                   
          reaching diametrically opposed positions, neither of which is                
          wholly supportable, we do not place complete reliance on either              
          party’s expert.  Petitioners’ expert denies any but a de minimis             
          value, a position we have rejected.  In that same vein, we have              
          found respondent’s expert’s premises to be only partially                    
          acceptable.                                                                  
               Section 1.482-2(d), Income Tax Regs., provides a framework              
          for determining an arm’s-length consideration for the transfer,              
          sale, assignment, loan, or other use of intangible property or an            
          interest therein between related entities.  An arm’s-length                  
          consideration for intangible property is defined as “the amount              
          that would have been paid by an unrelated party for the same                 
          intangible property under the same circumstances.”  Sec. 1.482-              
          2(d)(2)(ii), Income Tax Regs.  The best indication of such arm’s-            
          length consideration generally is the amount of consideration                





Page:  Previous  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  Next

Last modified: May 25, 2011