Planned Parenthood Federation of America, Inc. - Page 28




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          from UBTI under section 512(b)(2).  Our holdings obviate the need           
          to address respondent's trade or business arguments.                        
          Respondent's Remaining Arguments                                            
               No Written Licensing Agreement                                         
              Respondent contends that the list rental payments are not              
          royalties because there is no written licensing agreement between           
          petitioner and the list manager, CMS, or Triplex.  We conclude              
          that, even though there is no written agreement termed a                    
          "licensing agreement", the terms and conditions of the                      
          transaction between the mailer and petitioner require the mailer            
          to receive only a one-time right to use the information contained           
          on petitioner's rental list.  Accordingly, we conclude that each            
          mailing list transaction represents a separate licensing of                 
          petitioner's list by the mailer and that the absence of a written           
          "licensing agreement" does not prevent the mailer's list rental             
          payment from being a royalty.                                               
               Section 513(h)                                                         
               Finally, respondent argues that the enactment of section               
          513(h) precludes a conclusion that the list rental payment is a             
          royalty.  The relevant parts of section 513(h) provide:                     
                    SEC. 513(h).  Certain Distributions of Low Cost                   
               Articles Without Obligation to Purchase and Exchanges                  
               and Rentals of Member Lists.--                                         
                         (1) In general.--In case of an                               
                    organization which is described in section                        






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