- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011