- 27 - list brokerage activities do not change the character of the remainder of the mailers' list rental payments. In sum, we hold that with the exception of the list brokerage activities (which are not attributable to petitioner), all of the activities in which the parties to the list rental transaction engage are royalty-related activities. Consequently, with the exception of the list brokerage commissions (which are not attributable to petitioner), the mailer's list rental payment in each list rental transaction is a royalty which is excluded from UBTI under section 512(b)(2). Our holdings obviate the need to address respondent's trade or business arguments. Respondent's Remaining Arguments No Written Licensing Agreement Respondent contends that the list rental payments are not royalties because there is no written licensing agreement between petitioner and Names or Triplex. We conclude that, even though there is no written agreement termed a "licensing agreement", the terms and conditions of the transaction between the mailer and petitioner require the mailer to receive only a one-time right to use the information contained on petitioner's rental list. Accordingly, we conclude that each mailing list transaction represents a separate licensing of petitioner's list by the mailer and that the absence of a written "licensing agreement"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