Mississippi State University Alumni, Inc. - Page 33

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          (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...)           




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