-25- Trucking, Inc. v. United States, 77 F.3d 236 (8th Cir. 1996); Joseph Radtke, S.C. v. United States, 895 F.2d 1196 (7th Cir. 1990). We recognize that the record contains a licensing and sale agreement between petitioner and Ms. Odell which provides for petitioner’s payment of royalties to Ms. Odell for its use of certain intangible property rights. We also understand that a royalty may be paid for the use of valuable intangible property rights. Or. State Univ. Alumni Association v. Commissioner, 193 F.3d 1098 (9th Cir. 1999), affg. T.C. Memo. 1996-34 and Alumni Association of Univ. of Or. Inc., v. Commissioner, T.C. Memo. 1996-63. We do not believe, however, that petitioner’s payments of any of the disputed amounts to Ms. Odell were royalties under the facts herein. Whereas Ms. Odell had used the referenced intangible property in her sole proprietorship to earn self-employment income subject to self-employment tax, we do not believe that she can avoid the payment of Federal employment taxes simply by declaring that she will be paying royalties to herself through a controlled corporation for its use of that property. We sustain respondent’s determination that petitioner paid all of the disputed amounts to Ms. Odell as wages. 4. Section 530 Relief Petitioner argues that it is entitled to relief under section 530 of the Revenue Act of 1978. When applicable, sectionPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011