- 13 - Commissioner, 86 F.3d 1526, 1531 (9th Cir. 1996), affg. T.C. Memo. 1993-199 and revg. on another issue 103 T.C. 307 (1994); Disabled Am. Veterans v. Commissioner, 94 T.C. 60, 76 (1990) (DAV II), revd. on other grounds 942 F.2d 309 (6th Cir. 1991). Neither the Code nor the regulations define the term "royalty" for UBIT purposes. Instead, section 1.512(b)-1, Income Tax Regs., provides that "Whether a particular item of income falls within any of the modifications provided in section 512(b) shall be determined by all the facts and circumstances of each case." Petitioner bears the burden of proving that the list rental payments are royalties that are excluded from UBTI pursuant to section 512(b)(2). See Rule 142(a). In the instant case, respondent contends that, in each of the list rental transactions, the mailer's entire payment (including the amounts paid to the list brokers, list manager, CMS, and Triplex) constitutes UBTI to petitioner because petitioner regularly carries on a list rental business that is not substantially related to its exempt purpose. In that regard, respondent contends that the list brokers, list manager, CMS, and Triplex are petitioner's agents for the purpose of carrying on the list rental business. Petitioner disputes respondent's 5(...continued) production or by gross or taxable income from the property, and all deductions directly connected with such income.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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