Sierra Club, Inc. - Page 30




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          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 organizations                 

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Last modified: May 25, 2011