- 15 - DAV's mailing list was available for rental. Id. at 1185. DAV employed two full-time employees to administer its list rentals. Disabled Am. Veterans v. Commissioner, 942 F.2d at 311. Petitioner's mailing list rental activity is unlike DAV's rental activity. Petitioner received income from the use of its mailing list only for: (a) Alumni trips in 1990 and 1991; (b) alumni class rings and commemorative watches; and (c) the affinity credit card program at issue here. Unlike DAV, petitioner did not regularly rent its mailing list. Petitioner was not involved in the direct mail industry. Petitioner did not issue rate cards. Petitioner used minimal staff time to administer its rentals. Petitioner allocated 10 percent of Super's salary to develop and implement the affinity credit card program for fiscal year 1986-87 and from July 1987 to October 1987. Petitioner allocated 5 percent of Super's salary to the affinity credit card program from November 1987 to April 1988. The record does not indicate that petitioner allocated any salary to the affinity credit card program for the years in issue. We conclude that petitioner's use of its mailing list is entirely consistent with classifying the resulting income as a royalty. 3. Whether USNB's Payments Were for Services: Extent of Petitioner's Role Respondent contends that USNB paid to obtain petitioner's cooperation and assistance.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011