Mississippi State University Alumni, Inc. - Page 30

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          (DAV) conducted a trade or business of renting its mailing list             
          and that it was not royalty.  From 1974 to 1979, DAV rented                 
          parts of its donor list 451 times.  Disabled Am. Veterans v.                
          Commissioner, 942 F.2d at 311.  In doing so, DAV followed the               
          usual practices of the direct mail industry.  Id.  DAV prepared             
          rate cards showing the rates it charged to customers.  Id.  DAV             
          employed two staff personnel full time to administer its list               
          rentals.  Id.  Petitioner did not use list brokers, employ anyone           
          to administer its mailing list rental, or otherwise try to rent             
          its mailing lists like the taxpayer in Disabled Am. Veterans v.             
          United States, supra.                                                       
               Respondent points out that the 1987 agreement ran for 3                
          years, and petitioner regularly received income from the program.           
          We disagree that this fact shows that PB&T's payments to                    
          petitioner were not royalties because royalties are often paid              
          regularly over several years.  See, e.g., Kramer v. Commissioner,           
          80 T.C. 768 (1983); Cloward Instrument Corp. v. Commissioner,               
          T.C. Memo. 1986-345, affd. 842 F.2d 1294 (9th Cir. 1988).                   
               Petitioner had agreements with Wayneco in 1988, 1989, and              
          1991 for Wayneco to use petitioner's mailing list to sell                   
          affinity items to petitioner's members.  Petitioner’s agreements            
          with Wayneco and PB&T are not remotely like DAV’s list rental               
          activity.                                                                   
               Respondent contends that the September 1991 letter Chuck               
          Smith sent to petitioner shows that petitioner actively rented              




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