Planned Parenthood Federation of America, Inc. - Page 24




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          'property'."); Ruge v. Commissioner, 26 T.C. 138, 143 (1956)                
          ("The consulting services * * * were ancillary and subsidiary to            
          the assignments of the inventions").  In other words, payment for           
          the one-time right to mail to names on a list, no matter how                
          specialized that list is, is a royalty.                                     
               As to the shipping, in order to exploit the intangible the             
          owner ordinarily will need to send the information contained in             
          the intangible to the user.  Consequently, we conclude that                 
          Triplex's activities in shipping the list to the mailer are                 
          royalty-related activities.  In sum, we conclude that, in the               
          course of the list rental transaction, all of the activities in             
          which Triplex engages are royalty-related activities.                       
               List Brokers                                                           
               The activities of the list brokers include:  (1) Searching             
          advertisements and databases for appropriate list offerings for             
          the mailer to rent; (2) coordinating the rental transaction on              
          behalf of the mailer; (3) collecting payment from the mailer to             
          remit to the list manager or list owner; and (4) analyzing the              
          results of the mailing to determine whether it was successful.              
          We conclude that the list brokers' activities are not royalty-              
          related activities.  Rather, the list brokers' activities are               
          provided solely to the mailers and solely for the mailers'                  








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