REDLANDS SURGICAL SERVICES - Page 42




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          accomplishes an exempt purpose.  See Federation Pharmacy Servs.,            
          Inc. v. Commissioner, 72 T.C. 687, 691 (1979), affd. 625 F.2d 804           
          (8th Cir. 1980); est of Hawaii v. Commissioner, 71 T.C. 1067,               
          1079 (1979), affd. without published opinion 647 F.2d 170 (9th              
          Cir. 1981); secs. 1.501(c)(3)-1(c)(1) and 1.501(c)(3)-1(e)(1),              
          Income Tax Regs.                                                            
               Whether an organization has a substantial nonexempt purpose            
          is a question of fact to be resolved on the basis of all the                
          evidence presented by the administrative record.  See B.S.W.                
          Group, Inc. v. Commissioner, 70 T.C. 352, 357 (1978); see also              
          Church by Mail, Inc. v. Commissioner, 765 F.2d 1387, 1390 (9th              
          Cir. 1985), affg. T.C. Memo. 1984-349; est of Hawaii v.                     
          Commissioner, supra at 1079.  “Factors such as the particular               
          manner in which an organization’s activities are conducted, the             
          commercial hue of those activities, and the existence and amount            
          of annual or accumulated profits are relevant evidence of a                 
          forbidden predominant purpose.”  B.S.W. Group, Inc. v.                      
          Commissioner, supra at 358.                                                 
               The burden of proof is on petitioner to demonstrate, based             
          on materials in the administrative record, that it is operated              
          exclusively for exempt purposes and that it does not benefit                
          private interests more than incidentally.  See Rule 217(c)(2)(A);           
          Church of Scientology v. Commissioner, 823 F.2d at 1317; Florida            
          Hosp. Trust Fund v. Commissioner, 103 T.C. 140, 146 (1994), affd.           






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