REDLANDS SURGICAL SERVICES - Page 48




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          ‘est’ for 2 years after terminating their relationship with ‘est’           
          organizations.                                                              
               In est of Hawaii v. Commissioner, supra at 1080, this Court            
          agreed with respondent that the nonprofit was “part of a                    
          franchise system which is operated for private benefit and * * *            
          its affiliation with this system taints it with a substantial               
          commercial purpose.”  We found that the “ultimate beneficiaries”            
          of the nonprofit’s activities were the for-profit corporations,             
          and that the nonprofit “was simply the instrument to subsidize              
          the for-profit corporations and not vice versa”.  Id. at 1082.              
          This Court held that the nonprofit was not operated exclusively             
          for exempt purposes.  See also Harding Hosp., Inc. v. United                
          States, 505 F.2d 1068 (6th Cir. 1974) (impermissible private                
          benefit resulted from a nonprofit hospital's contract with a                
          physician group, giving them a virtual monopoly over care of the            
          hospital's patients and the income stream they represented, and             
          providing the physician group with fees for supervising the                 
          hospital's medical staff); Sonora Community Hosp. v.                        
          Commissioner, 46 T.C. 519 (1966) (impermissible private benefit             
          resulted from an arrangement whereby a for-profit laboratory was            
          permitted to occupy space in the nonprofit hospital rent-free,              
          and paid the hospital’s founding doctors a share of the                     
          laboratory’s gross revenues in consideration of patient referrals           
          and administrative services), affd. 397 F.2d 814 (9th Cir. 1968).           






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