Legal Opinion

Disabled American Veterans v. Commissioner

United States Tax Court

Decided February 26, 1990No. Docket Nos. 34856-87, 37361-87Published

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

Disabled American Veterans, Petitioner v. Commissioner of Internal Revenue, Respondent

Disabled American Veterans v. Commissioner

Docket Nos. 34856-87, 37361-87

United States Tax Court

94 T.C. 60; 1990 U.S. Tax Ct. LEXIS 11; 94 T.C. No. 6;

February 26, 1990February 26, 1990, Filed

Decision in docket No. 34856-87 will be entered under Rule 155.

Decision in docket No. 37361-87 will be entered for the petitioner.

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…

2Cases cited30 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Vasquez v. HillerySupreme Court of the United States · 1986
  4. Burnet v. Coronado Oil & Gas Co.Supreme Court of the United States · 1932
  5. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934

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