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