Arkansas State Police Association, Inc. - Page 8




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               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).                                                    






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Last modified: May 25, 2011