- 33 - (1965), petitioner may not assert that payments under the 1987 agreement were royalties. When the Danielson rule applies, a taxpayer may not disavow unambiguous terms of an agreement to achieve different tax results unless mistake, undue influence, fraud, duress, or other ground exists to set aside the agreement. Id. at 775. Danielson does not apply here because petitioner is not disavowing any terms of its agreements with PB&T. The 1987 agreement does not characterize the payments; it does not say the payments were (or were not) royalties or income from a trade or business. Petitioner's position that the payments are royalties is consistent with the 1987 agreement. F. Whether Section 513(h) Applies Section 513(h) exempts from tax amounts earned by certain tax-exempt organizations from the trade or business of exchanging or renting mailing lists to other tax-exempt organizations.5 5Sec. 513(h) provides: (1) In general.--In the case of an organization which is described in section 501 and contributions to which are deductible under paragraph (2) or (3) of section 170(c), the term "unrelated trade or business" does not include-- * * * * * * * (B) any trade or business which consists of-- (i) exchanging with another such organization, names and addresses of (continued...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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