Barnett Banks of Florida, Inc. and Subsidiaries - Page 13

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          Credit Card Fees as Payment for Services                                    
               Petitioner's credit card program provides benefits for both            
          merchants and cardholders.  Processing of the sales drafts                  
          involved merchant aspects and cardholder aspects.  Transactions             
          could be for either convenience users or cardholders with                   
          revolving balances.  The merchants, the convenience users, and              
          the revolving-balance users all were served by the operation of             
          this integrated system.  It is difficult to apportion the                   
          benefits of the plan to its specific users.                                 
               Petitioner derived its income from its credit card program             
          from four sources:  The merchants paid through the merchant                 
          discounts.  Merchant banks (banks other than the subsidiary                 
          issuing banks) paid through the interchange fees.  Cardholders              
          with outstanding (revolving) balances paid interest for the use             
          of that credit.  All cardholders were charged the annual fee, and           
          the amount of the annual fee was the same regardless of credit              
          line, amount charged, or the amount of the outstanding balance,             
          if any.  It is similarly difficult to match any particular type             
          of income with particular services performed by petitioner.  See            
          supra note 5.                                                               
               Nevertheless, cardholders paid annual fees and received                
          services.  All cardholders were issued at least one plastic card            
          each year and had the right to use that card, subject to                    
          cancellation by petitioner at any time.  However, if petitioner             
          cancelled the card, it refunded the annual fee on a pro rata                




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Last modified: May 25, 2011