Common Cause - Page 2




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                    unrelated business taxable income pursuant to                     
                    sec. 512(a)(1), I.R.C.  P contends that it is                     
                    not engaged in such a business and that, in                       
                    any event, such payments are royalties that                       
                    are excluded from unrelated business taxable                      
                    income pursuant to sec. 512(b)(2), I.R.C.                         
                    Held:  Excepting the portion of the list                          
                    rental payment that compensates the list                          
                    broker, or the list manager in its capacity                       
                    as list broker, the mailer's list rental                          
                    payment in each list rental transaction is a                      
                    royalty that is excluded from unrelated                           
                    business taxable income pursuant to sec.                          
                    512(b)(2), I.R.C.  Held, further, the list                        
                    brokerage activities are not royalty-related                      
                    activities.  Held, further, the list brokers                      
                    and the list manager, in its capacity as list                     
                    broker, do not act as P's agents.                                 
                    Consequently, the list brokerage activities                       
                    and any compensation received by the list                         
                    brokers or the list manager, in its capacity                      
                    as list broker, are not attributable to P.                        
               Albert G. Lauber, Jr., Milton Cerny, Lloyd H. Mayer,                   
          Julie W. Davis, and Carl S. Kravitz, for petitioner.                        
               Dianne I. Crosby and Bettie N. Ricca, for respondent.                  


               WELLS, Judge:  Respondent determined deficiencies in                   
          petitioner's Federal income taxes as follows:                               
                              Year       Deficiency                                   
                              1991      $17,905                                       
                              1992      55,009                                        
                              1993      133,542                                       
               Unless otherwise indicated all section references are to the           
          Internal Revenue Code in effect for the years in issue, and all             








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