REDLANDS SURGICAL SERVICES - Page 52




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          extent that petitioner cedes control over its sole activity to              
          for-profit parties having an independent economic interest in the           
          same activity and having no obligation to put charitable purposes           
          ahead of profit-making objectives, petitioner cannot be assured             
          that the partnerships will in fact be operated in furtherance of            
          charitable purposes.  In such a circumstance, we are led to the             
          conclusion that petitioner is not operated exclusively for                  
          charitable purposes.                                                        
               Based on the totality of factors described below, we                   
          conclude that petitioner has in fact ceded effective control of             
          the partnerships’ and the Surgery Center’s activities to for-               
          profit parties, conferring on them significant private benefits,            
          and therefore is not operated exclusively for charitable purposes           
          within the meaning of section 501(c)(3).                                    

          B.   Indicia of For-Profit Control Over the Partnerships’                   
               Activities                                                             
               1.  No Charitable Obligation                                           
               Nothing in the General Partnership agreement, or in any of             
          the other binding commitments relating to the operation of the              
          Surgery Center, establishes any obligation that charitable                  
          purposes be put ahead of economic objectives in the Surgery                 
          Center’s operations.  The General Partnership agreement does not            









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Last modified: May 25, 2011