Charlotte's Office Boutique, Inc. - Page 25

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          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, section           




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