United Cancer Council, Inc. - Page 19

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          AICR contract, both of which were entered into before the                   
          Contract, showed W&H’s understanding of the uses of graduated               
          mailing fees.                                                               
               The market, as exemplified by Herge’s sample of fundraising            
          contracts, provided two significant checks on excessive                     
          compensation in no-risk situations--early termination rights for            
          the exempt organization (almost all the contracts) and graduated            
          mailing fee (five contracts).  Until the April 1986 agreement,              
          the Contract did not provide either of these checks on the effect           
          of high mailing fees, thereby reducing the market justification             
          for charging what Watson acknowledged to be equal to the highest            
          rates in the Washington, D.C. area.                                         
               Although our inquiry in the instant case is to some extent             
          similar to that in section 162(a)(1) cases, this inquiry is                 
          easier in one important respect--if we determine that there is              
          excess compensation in a section 162(a)(1) case, then we must set           
          a dollar amount on that excess, while in the instant case we                
          merely have to determine whether there is excess compensation and           
          need not then set a dollar amount.  Airlie Foundation, Inc. v.              
          United States, 75 AFTR 2d 95-2068, 95-2070, 95-1 USTC par. 50279            
          (D.C. Cir. 1995); Orange County Agr. Soc., Inc. v. Commissioner,            
          893 F.2d 529, 534 (2d Cir. 1990), affg. T.C. Memo. 1988-380; see            
          Church of Scientology of California v. Commissioner, 823 F.2d               
          1310, 1316 (9th Cir. 1987), affg. 83 T.C. 381, 491-492 (1984);              
          Founding Church of Scientology v. United States, 412 F.2d at                




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