Planned Parenthood Federation of America, Inc. - Page 21




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          the foregoing, we conclude that all of the activities in which              
          the list manager engages are royalty-related activities.                    
               CMS                                                                    
               The activities of CMS include:  (1) Reviewing the data                 
          cards, advertisements, and promotional materials used by the list           
          manager; (2) reviewing the proposed mailing pursuant to                     
          guidelines that petitioner provides; (3) occasionally forwarding            
          the list order to petitioner for final approval; and (4)                    
          remitting payment to petitioner.                                            
               As we discussed above, the data cards are the means by which           
          the list manager promotes and advertises petitioner's rental                
          list.  Review of promotional and advertising material by the                
          owner of an intangible is not inconsistent with royalty                     
          treatment.  See Wm. J. Lemp Brewing Co. v. Commissioner, supra;             
          Mississippi State Univ. Alumni, Inc. v. Commissioner, supra.                
          Similarly, as we discussed above, review of all list rental                 
          transactions is part of the protection of the list.  Finally, as            
          discussed above, the list owner is entitled to be paid.                     
          Accordingly, CMS' activities in remitting payment to petitioner             
          are royalty-related activities.  Consequently, we conclude that             
          all of the activities in which CMS engages are royalty-related              
          activities.                                                                 
               Petitioner                                                             







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Last modified: May 25, 2011