Legal Opinion

Disabled American Veterans v. Commissioner

United States Tax Court

Decided February 26, 1990No. Docket Nos. 34856-87, 37361-87PublishedCited by 15 opinions

D, an organization exempt from Federal income tax, "rented" the names on its donor list to other organizations, both tax-exempt and for profit, for one-time mailings. D conceded that its "rental" activity was a trade or business, regularly carried on, that was unrelated to its exempt purpose.

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D, an organization exempt from Federal income tax, "rented" the names on its donor list to other organizations, both tax-exempt and for profit, for one-time mailings. D conceded that its "rental" activity was a trade or business, regularly carried on, that was unrelated to its exempt purpose. Held, the amounts D received from its "rental" activities were royalties which are excluded from UBTI because sec. 512(b)(2) excludes all royalties from UBTI whether or not derived from the active conduct of a trade or business. National Collegiate Athletic Assn. v. Commissioner, 92 T.C. 456 (1989);…

1Opinion of the Court

WILLIAMS, Judge:

In these consolidated cases, the Commissioner determined deficiencies in petitioner’s Federal income tax as follows:

Year Deficiency

1974. $347,594

1975. 316,287

1977. 228,335

1978. 253,155

1979. 324,387

1980. 324,213

1981 . 278,851

1982. 346,397

1983. 455,566

1984. 598,530

1985. 626,338

After concessions, the issues presented at trial were (1) whether payments to petitioner for the use of names from petitioner’s list of donors are “royalties” within the meaning of section 512(b)(2)1 (and, therefore, excluded from unrelated business taxable income (UBTI)) or are “rents” (not excluded from…

2Cases cited26 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
  4. Rowan Cos. v. United StatesSupreme Court of the United States · 1981
  5. Disabled American Veterans v. United StatesUnited States Court of Claims · 1981

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3Cited by15 opinions

  1. Sierra Club Inc. v. Commissioner Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1996
  2. Brotman v. CommissionerUnited States Tax Court · 1995
  3. Sierra Club v. CommissionerUnited States Tax Court · 1994
  4. Common Cause v. CommissionerUnited States Tax Court · 1999
  5. Sierra Club v. CommissionerUnited States Tax Court · 1999

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