- 23 - that was contributed, we believe that the conclusions of petitioner's expert are based upon incomplete information. Accordingly, we discount the testimony of petitioner's expert. Petitioner next argues that one factor to be used in determining the existence of "advertising" is the contributor's intent in making a payment to the organization. Petitioner argues that contributors to The Constabulary expected no commercial benefit from their payment but merely intended to benefit petitioner. In its affirmance of our decision in Fraternal Order of Police v. Commissioner, supra, the Seventh Circuit Court of Appeals stated that the sponsor's motivation [to help support the families of officers killed in the line of duty] does not define * * * [the Fraternal Order of Police's] activities. To place a listing in The Trooper, each sponsor had to purchase a space and pay a prescribed rate which corresponded to the desired size of the listing. Moreover, each issue of The Trooper included the request by the editors that its readers patronize those who had paid for the listings. [Fraternal Order of Police v. Commissioner, 833 F.2d at 721.] Accordingly, in the instant case, we conclude that an inquiry into the contributor's intent in making a payment to petitioner is not helpful in light of the fact that the contributors received the displays and listings in consideration of their contribution; i.e., they purchased the display or listing, and the size of the space allotted to the contributor's message was linked to the amount paid. In any event, petitioner has not established in the instant case that the display or listingPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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