Education Athletic Association, Inc. - Page 9




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          Petitioner's line of reasoning has been rejected in an analogous            
          situation by the United States Court of Appeals for the Eighth              
          Circuit, the Court of Appeals to which this case would normally             
          be appealable.  In Clarence LaBelle Post No. 217, VFW v. United             
          States, 580 F.2d 270, 271 (8th Cir. 1978), the taxpayer, a                  
          section 501(c)(4) organization, argued that income from an                  
          unrelated trade or business may be taxed under section 511(a)               
          only if the trade or business competes with a taxpaying entity.             
          Since the taxpayer's bingo operation did not compete with                   
          taxpaying entities, the taxpayer argued that it was not subject             
          to tax.  Id.  After examining the legislative history of section            
          513 and the regulations thereunder, the Court of Appeals held               
          that the tax on unrelated business income is not limited to                 
          income earned by a trade or business whose operations compete               
          with taxpaying entities.  Id. at 274; accord Louisiana Credit               
          Union League v. United States, 693 F.2d 525, 541-542 (5th Cir.              
          1982) ("The regulations under section 513 bolster our conclusion            
          that competition is not essential to the taxability of unrelated            
          business income.").  See also Smith-Dodd Businessman's                      
          Association, Inc. v. Commissioner, 65 T.C. 620, 624 (1975), where           
          we stated that "unfair competition plays a relatively                       
          insignificant role in the application of the amended unrelated              
          business tax".                                                              
               Although section 513(f) legislatively overrides the decision           
          in Clarence LaBelle Post No. 217, VFW v. United States, supra, by           
          creating a special exemption for bingo games from the definition            

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