- 30 - bargained for, and received, any consideration on account of that anticipation. Generally, income realized by an exempt organization from the sale of advertising in a periodical is taxable UBTI. See sec. 1.512(a)-1(f)(2), Income Tax Regs. The SC-ABS agreement was not a contract for advertising, and, notwithstanding that petitioner entered into contracts for advertising at the same time it was obligated under the SC-ABS agreement, nothing in sections 511 through 513 or the opinion of the Ninth Circuit in Sierra Club (1996) indicates to us that the contemporaneous existence of obligations under the two contracts necessarily means that some or all of the receipts, received pursuant to the SC-ABS agreement, cannot properly be characterized as “royalties” under section 512(b)(2). None of the receipts were received on account of petitioner's providing advertising to ABS. 5. Nonprofit Mail Permit In soliciting the members with respect to the credit card program, ABS, on at least one occasion, used petitioner’s nonprofit mail permit. ABS paid the postage. During the years 1986 through 1992, petitioner held a nonprofit mail permit (the mail permit) and regularly used the mail permit to send communications to its members, supporters, and other interested persons at the nonprofit rate. Under U.S. Postal Regulations, cooperative mailings may be made at the special bulk rates available to nonprofit organizationsPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011