Alumni Association of the University of Oregon, Inc. - Page 20

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               Respondent points out that petitioner entered into the                 
          affinity credit card agreement in part to make money.  This,                
          however, is not a basis for us to conclude that petitioner's                
          income from the affinity credit card program was not a royalty.             
          Nor does a desire to make money, standing alone, establish that             
          petitioner is engaged in a trade or business.  See Commissioner             
          v. Groetzinger, 480 U.S. 23, 35 (1987) (not every income-                   
          producing endeavor is a trade or business); Whipple v.                      
          Commissioner, 373 U.S. 193, 197 (1963) (the income tax law                  
          distinguishes between a trade or business and transactions                  
          entered into for profit but not connected with a trade or                   
          business).  Not all activity conducted with the expectation of              
          gain is a trade or business for purposes of UBTI.  Disabled Am.             
          Veterans v. United States, 650 F.2d at 1185.  To be engaged in a            
          trade or business, petitioner must be involved in the activity              
          with continuity and regularity and the primary purpose for                  
          engaging in the activity must be for profit.  Commissioner v.               
          Groetzinger, supra at 35.                                                   
               6.  Whether the Enactment of Section 513(h) Prevents                   
                    Treatment of USNB's Payments to Petitioner as                     
                    Royalties                                                         
               Respondent argues that the enactment of section 513(h)                 
          shows that Congress intended to treat income earned from mailing            
          list rentals as income from a trade or business.  Section 513(h)            
          exempts from tax amounts earned by certain tax-exempt                       






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