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income from the affinity credit card program was not a royalty.
Nor does a desire to make money, standing alone, establish that
petitioner is engaged in a trade or business. See Commissioner
v. Groetzinger, 480 U.S. 23, 35 (1987) (not every income-
producing endeavor is a trade or business); Whipple v.
Commissioner, 373 U.S. 193, 197 (1963) (the income tax law
distinguishes between a trade or business and transactions
entered into for profit but not connected with a trade or
business). Not all activity conducted with the expectation of
gain is a trade or business for purposes of UBTI. Disabled Am.
Veterans v. United States, 650 F.2d at 1185. To be engaged in a
trade or business, petitioner must be involved in the activity
with continuity and regularity and the primary purpose for
engaging in the activity must be for profit. Commissioner v.
Groetzinger, supra at 35.
6. Whether the Enactment of Section 513(h) Prevents
Treatment of USNB's Payments to Petitioner as Royalties
Respondent argues that the enactment of section 513(h) shows
that Congress intended to treat income earned from mailing list
rentals as income from a trade or business. Section 513(h)
exempts from tax amounts earned by certain tax-exempt
organizations from the trade or business of exchanging or renting
mailing lists to other tax-exempt organizations.6 Section 513(h)
6 Sec. 513(h) provides:
(continued...)
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