Planned Parenthood Federation of America, Inc. - Page 23




                                       - 23 -                                         

          on the medium chosen by the mailer are royalty-related                      
          activities.                                                                 
               Special selections are the means by which a mailer further             
          narrows the types of individuals and entities whose names will              
          appear on the list that the mailer orders.  Certain mailers may             
          prefer a list consisting of only the names of female donors,                
          while others may prefer only the names of individuals or entities           
          within a specific State or ZIP code.  The essence of a mailer's             
          order is the one-time right to use a portion of petitioner's                
          mailing list.  We conclude that there is no significant                     
          difference between, on the one hand, the rental of a list                   
          consisting of all of the names of petitioner's supporters and, on           
          the other hand, the rental of a list consisting of only                     
          petitioner's female supporters or, for example,8 the rental of a            
          list consisting of only the names of petitioner's male supporters           
          between the ages of 20 and 25 who reside in a particular ZIP                
          code.  The culling out or special selection of certain names is             
          ancillary to the maintenance and exploitation of the list.  Cf.             
          Glen O'Brien Movable Partition Co. v. Commissioner, 70 T.C. 492,            
          502 (1978) ("Where services are performed subsidiary and                    
          ancillary to the transfer of patent rights and proprietary know-            
          how, they take on the nature of the patent rights and know-how as           


          8    Petitioner does not offer age as a special selection.                  





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011