Oregon State University Alumni Association, Inc. - Page 19

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          USNB to make exceptions for certain alumni members, petitioner              
          was seeking to influence how USNB ran its business, not                     
          conducting its own business.                                                
               In Sierra Club, Inc. v. Commissioner, supra, ABS promised              
          the cardholders that they would receive a rebate of the annual              
          fee if they participated in the program for a second year.  Id.             
          at 343.  ABS breached that agreement.  Id.  The Sierra Club                 
          helped arrange refunds to members.  Id.  We found that the Sierra           
          Club's actions were done to protect its good name.  Id.                     
          Similarly, petitioner was acting to preserve its good name with             
          alumni.  We hold that USNB's payments to petitioner were not                
          compensation for services rendered and that petitioner’s                    
          activities are compatible with the treatment of those payments as           
          royalty income.                                                             
               4.   Petitioner's Financial Risks and Rewards                          
               In deciding whether income a taxpayer receives is royalty              
          income, we may consider the taxpayer's financial risks and                  
          rewards, including whether the taxpayer has a net profits and               
          gross profits interest.  See Sierra Club, Inc. v. Commissioner,             
          supra at 333.                                                               
               In Sierra Club, the taxpayer did not have a net profits                
          interest in the royalty payments because its income was based on            
          a percentage of the total charges.  Id. at 333.  Instead, it had            
          a gross profits interest.  A gross profits interest is the right            





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