- 26 - responses to the initial plan were accomplished in a relatively short period. We do not view petitioner’s exercise of its discretion as a disguised attempt to exercise creative or production control over ABS’s efforts. Moreover, we do not find the existence, or exercise, of petitioner’s rights to be inconsistent with a royalty arrangement. In Wm. J. Lemp Brewing Co. v. Commissioner, 18 T.C. 586 (1952), we dealt with an agreement that allowed a party to manufacture and sell beer under an old family name used by the taxpayer. The agreement reserved to the taxpayer a right of approval over methods of brewing, advertising, and the marketing of beer that would carry its name. We stated: The significance of such provision, when read in the light of the entire agreement, is that petitioner, having licensed the use of its formulae and trade name, desired to retain the right to supervise the methods of brewing, advertising, and marketing of beer sold under the “Lemp” name for the protection and preservation of what petitioner considered a valuable property right. Since the license granted was for an indefinite period, and could be canceled by * * * [the licensee] at will, such a protective provision was a most desirable one. * * * Id. at 596. We found that payments made pursuant to the agreement to manufacture and sell beer under the family name were royalties. Id. at 597; see also Disabled Am. Veterans v. Commissioner, 94 T.C. at 78. Here, when viewed in light of the SC-ABS agreement and the negotiations that preceded it, we conclude that petitioner’s exercise of its right of approval with respect to ABS’s marketing proposals evidences only petitioner’s concern withPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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