Sierra Club, Inc. - Page 17




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          with respect to petitioner’s participation in the credit card               
          program described in our findings of fact.  Petitioner’s receipts           
          from the credit card program (the receipts) were $6,021 and                 
          $303,225 for 1986 and 1987, respectively.  Respondent adjusted              
          petitioner’s “unrelated business taxable income” by including the           
          receipts and determining that they did not constitute “royalties”           
          within the meaning of section 512(b)(2).  Among other assignments           
          of error, petitioner assigns error to respondent’s determinations           
          of deficiencies based on petitioner’s participation in the credit           
          card program.  Principally, petitioner argues that the receipts             
          were “royalties” within the meaning of section 512(b)(2).                   
          Alternatively, petitioner argues:  (1) Its activity with respect            
          to the credit card program did not constitute a trade or                    
          business, (2) that activity was substantially related to its                
          exempt purposes, and (3) that activity was not regularly carried            
          on.                                                                         
               The parties have raised principally questions of fact with             
          respect to the receipts.  The credit card program was the product           
          of numerous agreements between various parties (the agreements),            
          including petitioner, ABS, and Chase Lincoln.  We shall look to             
          the agreements, along with the relevant facts and circumstances             
          surrounding the execution of the agreements, to determine the               
          nature and character of the receipts.  Petitioner bears the                 
          burden of proof.  See Rule 142(a).                                          





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