- 10 - royalties.” Id. at 136. In the ruling, however, respondent also stated that if members of a tax-exempt organization provide personal services in connection with the endorsement of the other businesses' products, the payments received by the tax-exempt organization would no longer qualify as royalties. See id. Like the tax-exempt organizations in Fraternal Order of Police v. Commissioner, supra, and State Police Association of Massachusetts v. Commissioner, supra, petitioner herein significantly participated in and maintained control over significant aspects of the publication of TAT. Petitioner possessed authority over the editorial content of TAT, and petitioner received and reviewed the articles, photographs, letters, and publicity for each edition of TAT. This case is dissimilar from the so-called affinity credit card cases and mailing list cases in which tax-exempt organizations license their names to be used in the sale or promotion of another business' unrelated products (e.g., a credit card company's credit) and in which it has been held that the fees received by the tax-exempt organization qualified as exempt royalty income. See Sierra Club, Inc. v. Commissioner, supra; Common Cause v. Commissioner, 112 T.C. 332 (1999); Mississippi State Univ. Alumni, Inc. v. Commissioner, supra; Oregon State Univ. Alumni Association, Inc. v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011