Common Cause - Page 27




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          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"              







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Last modified: May 25, 2011