Mississippi State University Alumni, Inc. - Page 34

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          Section 513(h) is effective for exchanges and rentals of member             
          lists after October 22, 1986.  Respondent contends that the                 
          enactment of section 513(h) implies that renting mailing lists is           
          generally a trade or business.  Respondent asks us to infer from            
          the enactment of section 513(h) that Congress generally views               
          gross income from the licensing of mailing lists as UBTI, unless            
          excepted by section 513(h).  We do not draw that inference.                 
               The inference asserted by respondent is rejected in the                
          legislative history of section 513(h).  A colloquy between                  
          Congressmen Daniel Rostenkowski (D-Ill.), Chairman of the Ways              
          and Means Committee, and John Duncan (R-Tenn.), Ranking                     
          Republican Member of the Ways and Means Committee, occurred in              
          the House of Representatives on the day of the adoption of the              
          conference report accompanying the bill which included section              
          513(h).  Chairman Rostenkowski's comments were as follows:                  
                    I also have discussed with Congressman Duncan the                 
               issue of whether the provision of the bill which                       
               excludes certain income from unrelated trade or                        
               business income creates any inference under present                    
               law.  We have reached a common understanding regarding                 
               the following specific issue:                                          



          5(...continued)                                                             
                       donors to (or members of) such                                 
                       organization, or                                               
                            (ii) renting such names and                               
                       addresses to another such organization.                        
             Tax Reform Act of 1986, Pub. L. 99-514, sec. 1601(a), 100                
             Stat. 2085, 2766.                                                        




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