Sierra Club, Inc. - Page 16




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          Termination of the SC-ABS Agreement                                         
               By the Concept-Chase Lincoln agreement, Chase Lincoln                  
          agreed to waive its annual fee for the first year of a member’s             
          participation in the credit card program.  By the SC-ABS                    
          agreement, ABS agreed to pay any annual fees charged by Chase               
          Lincoln during the remaining term of the SC-ABS agreement.  For             
          some members, their second year of participation in the credit              
          card program began in August or September 1987.  Chase Lincoln              
          charged a membership fee for that year (the second year fee) and            
          ABS was unable to obtain a waiver.  ABS issued checks to members            
          reimbursing them for the second year fees, but a substantial                
          amount of those checks were dishonored by ABS’s bank.  Petitioner           
          considered ABS in breach of the SC-ABS agreement and terminated             
          that agreement by a letter to ABS dated December 29, 1987 (the              
          December 29 letter).  The December 29 letter requested ABS to               
          comply with Article 9 of the SC-ABS agreement, “specifically                
          including returning to the Club all lists of Sierra Club                    
          members”.                                                                   
          Petitioner’s Receipts                                                       
               Petitioner’s receipts from the credit card program were                
          $6,021 and $303,225, for its taxable years ending September 30,             
          1986 and 1987, respectively.                                                
                                       OPINION                                        
          I.  Introduction                                                            
               Respondent determined deficiencies in petitioner’s 1986 and            
          1987 Federal income taxes based, in part, on adjustments made               

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