Planned Parenthood Federation of America, Inc. - Page 14




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          contentions and, additionally, contends that the mailers'                   
          payments are excluded from UBTI as royalties pursuant to section            
          512(b)(2).  Before addressing respondent's trade or business and            
          agency arguments, we address the royalty issue.                             
               In the instant case, the parties accept the definition of a            
          royalty found in Rev. Rul. 81-178, 1981-2 C.B. 135.6                        
          Additionally, the parties agree that petitioner's rental list is            
          a valuable intangible.  However, the parties disagree as to                 
          whether any portion of the list rental transaction constitutes              
          compensation for goods and services.  The parties further                   


          6    In Rev. Rul. 81-178, 1981-2 C.B. 135, the Internal Revenue             
          Service sought to clarify the definition of royalty for purposes            
          of sec. 512(b)(2).  The ruling deals with two different factual             
          situations.  In the first situation, various businesses pay the             
          taxpayer, an exempt organization, for the right to use the                  
          taxpayer's symbols and the signatures and likenesses of its                 
          members in promoting their products.  See id.  In the second                
          situation, the businesses pay the taxpayer in return for its                
          members' making appearances in endorsement of the businesses'               
          products.  See id., 1981-2 C.B. at 136.  The ruling provides, in            
          pertinent part:                                                             
                    To be a royalty, a payment must relate to the use                 
               of a valuable right.  Payments for the use of                          
               trademarks, trade names, service marks, or copyrights,                 
               whether or not payment is based on the use made of such                
               property, are ordinarily classified as royalties for                   
               federal tax purposes.  * * *  On the other hand,                       
               royalties do not include payments for personal                         
               services.  [Id.; citations omitted.]                                   
          In the first situation, the ruling concludes that, because the              
          exempt organization receives payment solely for the use of its              
          intangibles, the payment is a royalty.  See id.  In the second              
          situation, the ruling concludes that, because the organization              
          receives payment for the services of its members in endorsing               
          products, the payment is not a royalty.  See id.                            



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