John W. Madden, Jr., et al. - Page 23

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          the sublease clause did not constitute a percentage of the profit           
          derived from the Budweiser-sponsored event.  Obviously, it did.             
               The Museum principally argues that we should recognize a de            
          minimis exception to the above-quoted language.  We refuse to do            
          so.  The statute explicitly contemplates that, as is the case               
          here, proscribed rental payments may constitute only a portion of           
          the total rents received.  It is axiomatic that an unambiguous              
          statute should be given effect according to its plain and obvious           
          meaning.  See Chevron U.S.A., Inc. v. Natural Resources Defense             
          Council, Inc., 467 U.S. 837, 842-843 (1984); Bate Refrigerating             
          Co. v. Sulzberger, 157 U.S. 1, 36-37 (1895); Halpern v.                     
          Commissioner, 96 T.C. 895 (1991).  Here, a portion of the rent              
          paid in 1988 was determined based upon the profits that MCA                 
          derived from the Budweiser-sponsored event.  Accordingly, none of           
          the rent paid by MCA in 1988 qualifies under section                        
          512(b)(3)(A)(i) as rent from real property, and it is therefore             
          subject to UBIT.6                                                           




               6While the result may seem inequitable, the Museum had been            
          put on notice that the sublease provision of the Second Lease               
          potentially subjected the total lease proceeds to UBIT.  The                
          opinion letter from Baer Marks & Upham points out that the                  
          sublease revenue provision could possibly taint all the proceeds            
          from the lease.  The letter recommends that the Museum recast the           
          provision from the First Lease.  In response, the Museum changed            
          the term "Net Sublease Revenues" to "Sublease Revenues".  Aside             
          from deleting the word "Net", no changes were made to the                   
          substantive portions of the sublease revenue provision in the               
          Second Lease.                                                               




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