Oregon State University Alumni Association, Inc. - Page 25

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          insurer, keeping files on each policyholder, answering members'             
          questions about insurance policies, and screening claims for                
          benefits.  Id.  The Court held that ABE was engaged in a trade or           
          business.  Id. at 114.                                                      
               The Court found that this arrangement created unfair                   
          competition because ABE's members could deduct part of their                
          premium payment as a charitable contribution.  This deduction               
          lowered the cost of ABE's insurance to its members.  Id. at 114-            
          115.  Nonexempt businesses would be disadvantaged if ABE were not           
          taxed on its earnings from the insurance program because ABE                
          would not need to be as profitable to receive the same return on            
          its investment.  Id. at 115.                                                
               This case is not like American Bar Endowment.  ABE paid                
          premiums to insurance carriers; petitioner did not make payments            
          to USNB.  ABE required members to assign any amounts paid in                
          excess of the cost of the insurance to ABE.  Petitioner imposed             
          no similar obligation on its members.  ABE members could deduct             
          excess payments assigned to ABE as charitable contributions.                
          Petitioner's members could not deduct their payments to USNB.               
          ABE collected premiums and screened claims for benefits.                    
          Petitioner did not bill cardholders, collect payments, or decide            
          who was eligible to receive a credit card.                                  
               We disagree with respondent's contention that petitioner was           
          unfairly competing with taxed businesses.                                   





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