Common Cause - Page 13




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          case."  Petitioner bears the burden of proving that the list                
          rental payments are royalties that are excluded from UBTI                   
          pursuant to section 512(b)(2).  See Rule 142(a).                            
               In the instant case, respondent contends that, in each of              
          the list rental transactions, the mailer's entire payment                   
          (including the amounts paid to the list brokers, Names and                  
          Triplex) constitutes UBTI to petitioner because petitioner                  
          regularly carries on a list rental business that is not                     
          substantially related to its exempt purpose.  In that regard,               
          respondent contends that the list brokers, Names, and Triplex are           
          petitioner's agents for the purpose of carrying on the list                 
          rental business.  Petitioner disputes respondent's contentions              
          and, additionally, contends that the mailers' payments are                  
          excluded from UBTI as royalties pursuant to section 512(b)(2).              
          Before addressing respondent's trade or business and agency                 
          arguments, we address the royalty issue.                                    
               In the instant case, the parties accept the definition of a            
          royalty found in Rev. Rul. 81-178, 1981-2 C.B. 135.3                        


          3    In Rev. Rul. 81-178, 1981-2 C.B. 135, the Internal Revenue             
          Service sought to clarify the definition of royalty for purposes            
          of sec. 512(b)(2).  The ruling deals with two different factual             
          situations.  In the first situation, various businesses pay the             
          taxpayer, an exempt organization, for the right to use the                  
          taxpayer's symbols and the signatures and likenesses of its                 
          members in promoting their products.  See id.  In the second                
          situation, the businesses pay the taxpayer in return for its                
          members' making appearances in endorsement of the businesses'               
                                                             (continued...)           




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