- 8 - The parties herein agree that the publication of TAT was not substantially related to petitioner's tax-exempt purpose, and (absent qualification of the payments petitioner received as royalties) petitioner concedes that the $876,697 received from BWW during the years in issue is to be treated as unrelated business taxable income. Whether payments are to be treated as royalties is to be determined from all of the facts and circumstances of each case. See sec. 1.512(b)-1, Income Tax Regs. In Fraternal Order of Police v. Commissioner, supra, a fraternal police organization contracted with a publishing company to publish its official magazine. The police organization could prepare editorials and articles for the magazine, and the police organization could control and had final authority over the editorial content, the sale of advertising, the reprinting of the magazine, and the bank account into which advertising sales proceeds were deposited, a percentage of which the organization received. The police organization also could appoint the magazine's executive editor. This Court and the Court of Appeals for the Seventh Circuit concluded that the organization took an active role in the publication of the magazine and that the payments received from the publishing company did not qualify as excludable royalties under section 512(b)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011