The Charles Schwab Corporation and Subsidiaries - Page 33

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          is great and will often be “too great to bear.”  Id. at 566.  To            
          that end, respondent argues that newspaper subscribers agree to             
          pay a flat rate, whereas brokerage customers do not pay unless              
          they trade, and whether they trade is not predictable.  Finally,            
          respondent argues that the commission paid by traders (brokerage            
          customers) is not fixed but variable.  Those differences,                   
          respondent argues, make petitioner’s burden so great that, on               
          this record, it could not show and has not shown entitlement to             
          depreciation of the customer list acquired from Rose.                       
               Petitioner counters that respondent’s argument is flawed               
          because brokerage customers are identified individuals who                  
          maintain an established business relationship with the brokerage.           
          Petitioner also points out that newspaper subscribers do not pay            
          in advance, are not indebted to the newspaper, and may terminate            
          the delivery agreement by simple notification.  By contrast, many           
          brokerage customers have cash and securities on deposit with the            
          broker, and those who purchase on margin have a debtor-creditor             
          relationship with the broker.  In addition, termination of a                
          brokerage relationship requires both the customer and the broker            
          to take certain specified actions prescribed by Federal and State           
          securities commissions.  Respondent also argues that revenues               
          from brokerage customers are variable and dependent on market               
          forces, whereas revenue from newspaper subscribers is relatively            
          fixed.  Paradoxically, respondent’s expert’s prediction of income           






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