- 35 - The question relates to section 1601 of the bill which excludes from unrelated trade or business income revenues from the use of a tax-exempt organization's mailing list by another such organization. Section 1601 of the bill, which specifically exempts certain such revenues from the tax on unrelated business income in the future, carries no inference whatever that mailing list revenues beyond its scope or prior to its effective date should be considered taxable to an exempt organization. 132 Cong. Rec. 26208 (Sept. 25, 1986). It is at best hazardous to infer the intent of an earlier Congress from a later one. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 114 (1989); United States v. Price, 361 U.S. 304, 313 (1960). See Sierra Club, Inc. v. Commissioner, 86 F.3d at 1534 n.17, where the U.S. Court of Appeals for the Ninth Circuit said it would not rely on enactment of section 513(h) to infer legislative intent of Congress in originally enacting section 512(b). Respondent relies on a concurring opinion in Disabled Am. Veterans v. Commissioner, 942 F.2d at 317 (Martin, J., concurring), which states: Congress, in enacting * * * [section 513(h)], obviously felt that the court of claims decision in DAV1 was the proper interpretation of "royalties" for purposes of � 512(b)(2) with respect to the payments received by an exempt organization from a commercial organization. * * * * * * * The acceptance of DAV's position that the monies it receives from list rental are royalties under � 512(b)(2) would totally eviscerate section 513(h).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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