Oregon State University Alumni Association, Inc. - Page 22

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          is effective for exchanges and rentals of member lists after                
          October 22, 1986.  Respondent contends that the enactment of                
          section 513(h) implies that renting mailing lists is generally a            
          trade or business.  As in Sierra Club, Inc. v. Commissioner, 103            
          T.C. 307 (1994), respondent asks us to infer from the enactment             
          of section 513(h) that Congress generally views gross income from           
          the licensing of mailing lists as UBTI, unless excepted by                  
          section 513(h).  We do not draw that inference.                             
               It is at best hazardous to infer the intent of an earlier              
          Congress from a later one.  See Firestone Tire & Rubber Co. v.              
          Bruch, 489 U.S. 101, 114 (1989); United States v. Price, 361                
          U.S. 304, 313 (1960).  The inference asserted by respondent                 
          is rejected in the legislative history of section 513(h).                   

          (...continued)                                                              
                       (1) In general.--In the case of an                             
                    organization which is described in section                        
                    501 and contributions to which are deductible                     
                    under paragraph (2) or (3) of section 170(c),                     
                    the term "unrelated trade or business" does                       
                    not include--                                                     
          *   *   *   *   *   *   *                                                   
                         (B) any trade or business which consists of--                
                            (i) exchanging with another such                          
                         organization, names and addresses of donors                  
                         to (or members of) such organization, or                     
                            (ii) renting such names and addresses to                  
                         another such organization.                                   
          Tax Reform Act of 1986, Pub. L. 99-514, sec. 1601(a), 100 Stat.             
          2085, 2766.                                                                 




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