Common Cause - Page 21




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          petitioner are royalty-related activities.  On the basis of the             
          foregoing, we conclude that all of the activities in which Names            
          engages are royalty-related activities.                                     
               Petitioner                                                             
               Petitioner does not directly engage in any significant                 
          activities with regard to a rental list transaction.  The only              
          activities in which petitioner directly engages are review of the           
          data cards and approval of list rental transactions.  As we                 
          discussed above, the data cards are the means by which Names                
          promotes and advertises petitioner's rental list.  Review of                
          promotional and advertising material by the owner of an                     
          intangible is not inconsistent with royalty treatment.  See Wm.             
          J. Lemp Brewing Co. v. Commissioner, supra; Mississippi State               
          Univ. Alumni, Inc. v. Commissioner, supra.  Similarly, as we                
          discussed above, petitioner's review of all list rental                     
          transactions is part of the protection of the list.                         
          Consequently, we conclude that all of the activities in which               
          petitioner directly engages are royalty-related activities.                 
               Triplex                                                                
               Triplex's activities include:  (1) Printing a copy of                  
          petitioner's list on the medium chosen by the mailer; (2)                   
          performing the special selections chosen by the mailer; and (3)             
          shipping the completed order to the mailer.                                 







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Last modified: May 25, 2011