State Police Association of Massachusetts - Page 20

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          Unrelated Business Income                                                   
               The next issue we must decide is whether the income                    
          generated from petitioner's solicitation program for The                    
          Constabulary is unrelated business income subject to tax pursuant           
          to section 511.  Petitioner argues that it merely solicited                 
          contributions and did not engage in the business of selling                 
          advertising.  Respondent contends that petitioner’s solicitation            
          of displays and listings in The Constabulary constituted the sale           
          of advertising as a trade or business.                                      
               We first examine whether petitioner sold "advertising".  The           
          Code and the regulations do not provide a definition of the term            
          "advertising" or "advertisement".  In Fraternal Order of Police             
          v. Commissioner, 87 T.C. 747 (1986), affd. 833 F.2d 717 (7th Cir.           
          1987), we examined whether listings similar to those in the                 
          instant case constituted "advertising".  In Fraternal Order of              
          Police, an organization exempt from tax pursuant to section                 
          501(c)(8) published The Trooper magazine, which contained                   
          articles relating primarily to the duties of police officers, and           
          two types of listings:  (1) "large listings", which contained the           
          usual elements associated with advertisements, such as blocking,            
          illustrations, signatures, trademarks, and emblems, and (2) a               
          business directory, which classified and arranged the listers in            
          the same manner as the yellow pages of a telephone directory.               
          Id. at 750.  The Trooper also had an "Advertisers’ Index"                   






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