Common Cause - Page 23




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          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.                  






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