- 23 - petitioner's female supporters or, for example,5 the rental of a list consisting of only the names of petitioner's male supporters between the ages of 20 and 25 who reside in a particular ZIP code. The culling out or special selection of certain names is ancillary to the maintenance and exploitation of the list. Cf. Glen O'Brien Movable Partition Co. v. Commissioner, 70 T.C. 492, 502 (1978) ("Where services are performed subsidiary and ancillary to the transfer of patent rights and proprietary know- how, they take on the nature of the patent rights and know-how as 'property'."); Ruge v. Commissioner, 26 T.C. 138, 143 (1956) ("The consulting services * * * were ancillary and subsidiary to the assignments of the inventions"). In other words, payment for the one-time right to mail to names on a list, no matter how specialized that list is, is a royalty. As to the shipping, in order to exploit the intangible, the owner ordinarily will need to send the information contained in the intangible to the user. Consequently, we conclude that Triplex's activities in shipping the list to the mailer are royalty-related activities. In sum, we conclude that, in the course of the list rental transaction, all of the activities in which Triplex engages are royalty-related activities. 5 Petitioner does not offer age as a special selection.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