- 11 - Petitioner's participation in the publication of its own official magazine was not passive or de minimis. TAT represented not the magazine of BWW but the magazine of petitioner through which petitioner promoted and actively sought not just to capitalize on the value of its name but to carry out its organizational purposes and objectives, which were stated in the Fall-1995 edition of TAT as follows: to more effectively communicate between members of this department so as to encourage collective input and participation in short-term and long range goals of the Arkansas State Police. The $876,697 petitioner received from BWW as petitioner's share of TAT advertising proceeds does not reflect royalty income. The payments are to be treated as unrelated business taxable income. When tax-exempt organizations such as petitioner receive income from an unrelated trade or business of $1,000 or more, they are required to file Form 990-T, Exempt Organization Business Income Tax Return. See sec. 1.6012-2(e), Income Tax Regs. Section 6651(a)(1) provides for an addition to tax unless the failure to file required tax returns is due to reasonable cause and not due to willful neglect. The present case involves close questions of fact and law that have been extensively litigated. We do not sustain respondent's additions to tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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