Mississippi State University Alumni, Inc. - Page 35

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                    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).                     








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