- 34 - 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. RespondentPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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