- 80 - 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.Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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