- 25 - 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 incomePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011