State Police Association of Massachusetts - Page 25

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          the listings found in other professional journals, newspapers,              
          and the yellow pages of telephone directories.  Additionally, the           
          contracts with BWE and McKnight, petitioner's correspondence, and           
          The Constabulary itself repeatedly use such words and phrases as            
          "advertising", "advertisements", "advertisers", "ad book", and              
          "marketing advertising" to describe the displays and listings and           
          related activities.  Consequently, we conclude that the displays            
          and listings in The Constabulary constitute "advertising".                  
               Petitioner next argues that section 1.513-1(b), Income Tax             
          Regs., exempts its solicitation activity from being characterized           
          as a trade or business because its "advertising" is a low-cost              
          article.  That regulation addresses charitable fundraising                  
          programs where low-cost goods are sent out by organizations along           
          with a solicitation to contribute money.  In its sales of                   
          advertising, however, petitioner did not follow such a procedure.           
          Additionally, the lowest charge for any of petitioner’s displays            
          or listings was, during some of the periods in issue, $55 for a             
          two-line listing in the business directory, a cost that cannot be           
          properly described as "low".  Accordingly, we conclude that                 
          petitioner is not eligible for the low-cost article exemption.              
               We next examine whether petitioner's selling of advertising            
          space constitutes an "unrelated trade or business" for purposes             
          of section 512.  Generally, the selling of advertising space is             
          an "activity which is carried on for the production of income               






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