Sierra Club, Inc. - Page 28




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          solicitations for the credit card program, petitioner expressly             
          did not treat the credit card to be a member service in the                 
          sense of a service being offered and overseen by petitioner.                
          Rose Marie Maune (Ms. Maune) was employed by petitioner from                
          1976 until 1992.  She was petitioner's membership director                  
          until about the years in issue, when she became director of                 
          operations, where she fulfilled a similar role.  Ms. Maune                  
          testified that the membership services department did not                   
          handle any inquiries regarding the affinity credit card                     
          program.  She testified that they would not answer members'                 
          questions because they were not in control of the program.                  
          Moreover, petitioner did not provide any significant                        
          administrative services with respect to the credit or other                 
          services provided by Chase Lincoln and ABS.                                 
               If, by characterizing the credit card program as “a member             
          service”, respondent means that petitioner provided something               
          of value to the members, that something was the opportunity for             
          the members to benefit petitioner by using a credit card that               
          was to be provided by Chase Lincoln or to use a travel service              
          that was affiliated with ABS.  That is the essence of an                    
          affinity card program, and the intended result of the license               
          of the organization’s name, logo, mailing list, and other                   
          intangibles.  The income received in consideration for such                 
          licenses alone is royalties within the meaning of section                   
          512(b)(2).                                                                  



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