Oregon State University Alumni Association, Inc. - Page 15

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          parts of its donor list 451 times.  Disabled Am. Veterans v.                
          Commissioner, 942 F.2d at 311.  DAV continuously rented names               
          on its list during the years in issue.  Disabled Am. Veterans v.            
          United States, 650 F.2d at 1184.  In renting its donor list, DAV            
          followed the usual practices of the direct mail industry.  Id.              
          DAV prepared rate cards showing the rates it charged to                     
          customers.  Id.  It was widely known among list brokers that                
          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 1988, 1990, and 1991;           
          (b) alumni class rings and commemorative watches; and (c) the               
          affinity credit card program at issue here.  Petitioner rejected            
          other proposals to use its mailing list because those proposals             
          did not benefit petitioner's members or further petitioner's                
          purpose.                                                                    
               Unlike DAV, petitioner did not regularly rent its mailing              
          list.  Petitioner was not involved with the direct mail industry.           
          Petitioner did not issue rate cards.  Petitioner used minimal               
          staff time to administer its list rentals.  Petitioner allocated            
          15 percent of Wirth's salary to the affinity credit card program            
          in 1988 and 1989, and none for the years in issue.  Petitioner              





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