Common Cause - Page 30




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          mailing list activities described in the provision, but occurring           
          prior to the effective date, constitute unrelated business                  
          income."  Staff of Joint Comm. on Taxation, General Explanation             
          of the Tax Reform Act of 1986, at 1325 (J. Comm. Print 1987).  We           
          conclude that the enactment of section 513(h) does not require              
          that we hold that the revenues from the rental of petitioner's              
          mailing list during the years in issue are UBTI and thus subject            
          to UBIT.7                                                                   
               We have considered the parties' remaining arguments and                
          conclude that they are without merit, irrelevant, or unnecessary            
          to reach.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for petitioner.                          











          7    Respondent also contends that the list rental payments                 
          cannot be royalties because petitioner paid "development" or                
          "production" costs.  Respondent borrows those terms from the                
          mineral royalty context, and we conclude that they are not                  
          helpful to our inquiry.                                                     






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