Planned Parenthood Federation of America, Inc. - Page 12




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          990-T, Exempt Organization Business Income Tax Return, for each             
          of the years in issue.                                                      
                                       OPINION                                        
               Section 511(a)(1) imposes the unrelated business income tax            
          (UBIT) on the unrelated business taxable income (UBTI) of certain           
          tax-exempt organizations.  Section 512 defines UBTI as follows:             
               SEC. 512. UNRELATED BUSINESS TAXABLE INCOME.                           
                 (a) Definition.--For purposes of this title--                        
                      (1) General Rule.--Except as otherwise                          
                 provided in this subsection, the term "unrelated                     
                 business taxable income" means the gross income                      
                 derived by any organization from any unrelated                       
                 trade or business (as defined in section 513)                        
                 regularly carried on by it, less the deductions                      
                 allowed by this chapter which are directly                           
                 connected with the carrying on of such trade or                      
                 business, both computed with the modifications                       
                 provided in subsection (b).                                          
          Accordingly, income is UBTI if it arises from a regularly                   
          carried-on trade or business that is not substantially related to           
          the organization's tax-exempt purpose.  See sec. 1.513-1(a)                 
          Income Tax Regs.  Royalties, however, are excluded from UBTI                
          pursuant to section 512(b)(2).5  See Sierra Club, Inc. v.                   

          5    Sec. 512(b) provides:                                                  
                    SEC. 512(b).  Modifications.--The modifications                   
               referred to in subsection (a) are the following:                       
               *      *      *      *      *      *      *                            
                    (2) There shall be excluded all                                   
                    royalties (including overriding                                   
                    royalties) whether measured by                                    
                                                             (continued...)           



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Last modified: May 25, 2011