State Police Association of Massachusetts - Page 24

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          received by the contributor had a value less than the amount of             
          the contribution given in exchange for the display or listing.              
          Consequently, we will apply an analysis of the displays and                 
          listings similar to the one we used in Fraternal Order of Police            
          v. Commissioner, 87 T.C. 747 (1986), to decide whether                      
          petitioner's displays and listings in The Constabulary constitute           
          "advertising".                                                              
               As in Fraternal Order of Police, the displays in The                   
          Constabulary contained the usual elements associated with                   
          advertisements such as blocking, illustrations, signatures,                 
          trademarks, and emblems.  An "Advertisers’ Index" contained the             
          name of the sponsor of each display, including McDonald's, AT&T             
          Corp., John Hancock, Sheraton Hotels, and Mobil Oil Corp., among            
          other well-known companies, and specified the page upon which the           
          display was located.  Between the displays and the "Advertiser’s            
          Index" appeared a section of listings called the Business                   
          Directory wherein various businesses were identified by name and            
          classified by type of business, as in the yellow pages of a                 
          telephone directory.                                                        
               We have examined the record and copies of The Constabulary,            
          and we are convinced that both the displays and the listings                
          constitute "advertising".  Many of the displays are composed of             
          slogans, logos, trademarks, and other information which is                  
          similar if not identical in content, composition, and message to            






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