NATIONAL COLLEGIATE ATHLETIC ASS'N v. C.I.R.

No. 89-9005.

914 F.2d 1417 (1990)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 20, 1990.


Attorney(s) appearing for the Case

C.W. Crumpecker, Jr. (George H. Gangwere and W. Ann Hansbrough with him on the briefs), of Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, Mo., for petitioner-appellant.

Bruce R. Ellisen, Atty. (Shirley D. Peterson, Asst. Atty. Gen., and Gary R. Allen and Robert S. Pomerance, Attys., with him on the brief), Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellee.

Before SEYMOUR and TACHA, Circuit Judges, and BRATTON, District Judge.


SEYMOUR, Circuit Judge.

The National Collegiate Athletic Association (NCAA), the petitioner in this case, appeals from the decision of the tax court, which determined a deficiency of $10,395.14 in unrelated business income tax due for the 1981-1982 fiscal year.1 On appeal, the NCAA challenges the court's conclusion that revenue received from program advertising constituted unrelated business taxable income under I.R.C. § 512, not...

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