- 28 - The organization in Texas Farm Bureau, in addition to providing its logo, name, and mailing list, provided clerical and administrative services, telephones, office supplies, and other goods and services necessary to conduct an insurance business. Texas Farm Bureau v. United States, supra at 123-124. In Fraternal Order of Police v. Commissioner, supra, the taxpayer published a magazine for which the taxpayer could appoint the executive editor, prepare editorials and feature articles, control solicitations of business listings and the bank account, and decide whether an article appearing in the magazine could be reprinted elsewhere. The U.S. Court of Appeals for the Seventh Circuit held that the organization's income from business listings was commercial advertising and was not a royalty because the organization conducted it like a commercial venture. Id. at 723. The taxpayer in Louisiana Credit Union League dealt with commercial insurance vendors, debt collectors, and electronic data processing services for its members. The U.S. Court of Appeals for the Fifth Circuit said that the taxpayer-- did everything short of actually selling the insurance and collecting the debts itself: it selected the companies whose products and services would be endorsed, actively marketed and promoted those products and services to member credit unions, and performed the day-to-day administrative tasks essential to the insurance and debt collection operations. [Louisiana Credit Union League v. United States, supra at 533.]Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011