- 14 - on the premier card does not show that petitioner failed to exchange a valuable intangible right. In the Agreement, petitioner gave USNB access to valuable intangible property rights. The Agreement gave USNB permission to use the OSU seal with petitioner's logo. Petitioner maintained all rights to the logo which it did not specifically give to USNB. USNB could not use petitioner's name or logo after the Agreement terminated. USNB's objectives in signing the Agreement were to gain access to petitioner's mailing list and to obtain petitioner's endorsement. Those are valuable intangible property rights. Sierra Club, Inc. v. Commissioner, 103 T.C. 307, 344 (1994). We find respondent's contention about how USNB designed the credit cards unconvincing. We conclude that petitioner’s income from the affinity credit card program was received in exchange for the use of valuable intangible property rights. 2. Whether Petitioner's Use of Its Mailing List Is Inconsistent With Royalty Treatment Respondent contends that petitioner's income from its mailing list is not a royalty because petitioner’s use of its mailing list was a trade or business. In Disabled Am. Veterans v. United States, 227 Ct. Cl. 474, 650 F.2d 1178, 1184 (1981), the Court of Claims held that the Disabled American Veterans (DAV) conducted the trade or business of renting its mailing list. From 1974 to 1979, DAV rentedPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011