REDLANDS SURGICAL SERVICES - Page 80




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          activities would have constituted an unrelated business if                  
          conducted by its affiliate, we noted that section 513(a) defines            
          “unrelated trade or business” by reference to conduct that is               
          “not substantially related” to the organization’s exempt                    
          functions.  We stated that the determination whether conduct is             
          “substantially related” in this context “considers the degree to            
          which income is earned from services rendered or sales made to              
          persons who are not patients of the exempt affiliated entity.”              
          Id. at 405.  Noting that entities related to the HMO provided 80            
          percent of the hospital services rendered to the HMO’s patients,            
          we held that the record in Geisinger did not justify a conclusion           
          as to whether the instances in which the HMO’s subscribers were             
          served by unrelated entities were substantial or insubstantial.             
          See id. at 406.  Accordingly, we held that the HMO failed to                
          establish that its activities comprised an integral part of its             
          affiliate’s exempt activities.                                              
               Similarly, in the instant case, petitioner has failed to               
          establish that the Surgery Center’s patient population overlaps             
          substantially with that of Redlands Hospital.  The record does              
          not reveal what percentage of persons served at the Surgery                 
          Center are patients of Redlands Hospital.  Clearly, however, the            
          Surgery Center was performing ambulatory surgery on a for-profit            
          basis for its own patients before petitioner was ever involved              
          and presumably continued to do so afterward.                                






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Last modified: May 25, 2011