Franchise Fee Calculations of Fort Sumter Tours, Inc: Oversight Hearing Before the Subcommittee on National Parks and Public Lands of the Committee on Resources, House of Representatives, One Hundred Sixth Congress, First Session, July 1, 1999, Washington, DC. |
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accounting adjustment administrative agency action Annual Meeting arbitrary and capricious arbitration assets average balance sheet boat calculation Campsen Chairman classified under SIC College of Charleston concession contract concession operations concessionaire Concessioner concessioner's Concessions Policy Act D&B Industry Norms debt depreciation district court errors expenses fee increase FFA Proforma financial statements five year period Fort Sumter Tours franchise fee analysis franchise fee determination FST's financial FST's franchise fee FST's profitability GAAP Government Gregory gross receipts guidelines HANSEN hereunder included income inferences June 14 June 22 lease liabilities median mistakes National Park Service net income non-concession NPS's Office overstated percent performed plaintiff population of businesses privileges granted probable value Profitability Measures Purchasing quartile Quartile Threshold reconsider reconsideration reported Return on Assets RMA Statement Studies salaries sample Secretary section 9(e SIC code South Carolina statistically invalid Sumter Tours utilized vessel
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Page 301 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Page 10 - Such value is the opportunity for net profit in relation to both gross receipts and capital invested. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving the areas and of providing adequate and appropriate services for visitors at reasonable rates.
Page 101 - Franchise fees, however stated, shall be determined upon consideration of the probable value to the concessioner of the privileges granted by the particular contract or permit involved. Such value is the opportunity for net profit in relation to both gross receipts and capital invested.
Page 41 - The Secretary shall exercise his authority in a manner consistent with a reasonable opportunity for the concessioner to realize a profit on his operation as a whole commensurate with the capital invested and the obligations assumed.
Page 99 - The courts may not accept appellate counsel's post hoc rationalizations for agency action ; Chenery requires that 156 Opinion of the Court. an agency's discretionary order be upheld, if at all, on the same basis articulated in the order by the agency itself...
Page 53 - ... influence on the industry composite. This is particularly true in a relatively small sample. (5) Companies within the same industry may differ in their method of operations which in turn can directly influence their financial statements. Since they are included in our sample, too, these statements can significantly affect our composite calculations. (6) Other considerations that can result in variations among different companies engaged in the same general line of business are different labor...
Page 305 - The issue was whether these experts' opinions were sufficiently supported by the animal studies on which they purported to rely. The studies were so dissimilar to the facts presented in this litigation that it was not an abuse of discretion for the District Court to have rejected the experts
Page 14 - Chairman, Subcommittee on Interior and Related Agencies, Committee on Appropriations United States Senate Mr.
Page 53 - D&B provides its clients, which states: This report . . . contains information compiled from sources which Dun & Bradstreet, Inc. does not control and whose information, unless otherwise indicated in this report, has not been verified . . . Dun & Bradstreet, Inc. . . . does not guarantee the accuracy, completeness, or timeliness of the information provided. I have addressed this at length for a reason. Our courts have uniformly condemned the use of industry statistics in this manner. This is not...
Page 284 - Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.