Sierra Club, Inc. - Page 34




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          the licensee assuming that risk.  The Commissioner’s position               
          in Rev. Rul. 81-178, id., with which we agree, Disabled Am.                 
          Veterans v. Commissioner, 94 T.C. at 70 (1990), revd. on other              
          grounds, 942 F.2d 309 (6th Cir. 1991), is that payments for the             
          use of a name or signature, without any personal appearance or              
          interviews, are royalties within the meaning of section                     
          512(b)(2).  In part, petitioner received royalty income in                  
          consideration of assuming the risk of damage to its intangible              
          assets.  When that risk matured into a foreseeable loss,                    
          petitioner spent its own money to avoid that loss.  That is not             
          inconsistent with its receipt of royalty income.                            
                    8.  Extension of Credit                                           
               Pursuant to the Concept-Chase Lincoln agreement, Chase                 
          Lincoln was responsible for receiving and processing                        
          applications for the affinity credit card at its sole expense.              
          Chase Lincoln retained a subcontractor to run the credit                    
          scoring system.  Chase Lincoln was responsible for issuing the              
          credit cards to all of the members that qualified, also at                  
          Chase Lincoln's sole expense.  Under the agreements, other than             
          Chase Lincoln's right to acquire responsibility for the duties              
          of ABS and Concept, the duties of the parties were discrete:                
          e.g., no party other than Chase Lincoln could accept an                     
          application for credit (i.e., issue a credit card).  Respondent             
          argues that petitioner attempted to persuade Chase Lincoln to               
          relax its credit tolerances so that additional credit cards                 
          could be issued and higher profits realized.  Respondent                    

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