- 13 - be compensation for services rendered and it must be reasonable in amount. * * * The complete test for royalty fees is that they are fair and reasonable and are paid for services rendered. * * * Mr. Ciarrocchi had entered into a fair and reason- able, arm’s-length license agreement with Ogden Enter- tainment prior into [sic] his entering into a fair and reasonable license agreement with the taxpayer [peti- tioner]. Since Ogden was willing to pay 11% of gross revenues (plus a $10,000.00 up-front bonus) to Mr. Ciarrocchi for his minimal participation, then the taxpayer in this matter should have expected to pay much more for Mr. Ciarrocchi’s full participation and creativity. In further support of petitioner’s position, petitioner asserts: Ogden was permitted to use the name “Chickie’s and Pete’s” and the “Crabfries�” product only; Chickie’s and Pete’s, Inc. [petitioner] was permitted to use the name, and all of the many and varied products, recipes, spices and tech- niques. These additional items should more than double, and maybe even triple, the amount of royalty paid by Petitioner. The higher percentage royalty for a larger amount and vari- ety of items is “fair and reasonable”. * * * We turn first to petitioner’s contention that, pursuant to the Ogden license agreement, Ogden was allowed to use, in addi- tion to the name “Chickie’s and Pete’s”, only the “Crabfries�” product, and not any of the other “many and varied products, recipes, spices and techniques” that petitioner claims it was permitted to use under petitioner’s license agreement. On the record before us, we reject that contention. Ogden’s license agreement did not in any way limit the products of Chickie’s and Pete’s that Ogden was permitted to sell at Ogden’s VeteransPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011