Oregon State University Alumni Association, Inc. - Page 14

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          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 rented                 




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