REDLANDS SURGICAL SERVICES - Page 81




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               Even if we were to assume, arguendo, that the patient                  
          populations of the Surgery Center and Redlands Hospital overlap             
          substantially, this circumstance would not suffice to confer                
          exemption on petitioner under the integral part doctrine.  In all           
          the precedents cited above in which courts have applied the                 
          integral part doctrine to recognize a derivative exemption, the             
          organization has been under the supervision or control of the               
          exempt affiliate (or a group of exempt affiliates with common               
          exempt purposes) or otherwise expressly limited in its purposes             
          to advancing the interests of the affiliated exempt entity or               
          entities, and serving no private interests.24  For instance, in             
          Squire v. Student Book Corp., 191 F.2d 1018, 1019 (9th Cir.                 
          1951), all actions of the bookstore's board of trustees were                
          submitted to the president of the college for approval, and the             
          college comptroller acted as ex officio treasurer of the                    
          bookstore.  The bookstore paid no rebates and no part of its                
          earnings inured to private benefit.  It seems clear that such               
          considerations are central to the court's holding in Squire that            






               24 In Geisinger Health Plan v. Commissioner, 100 T.C. 394,             
          402 (1993), affd. 30 F.3d 494 (3d Cir. 1994), we stated that the            
          parties had agreed that “an organization is entitled to exemption           
          as an integral part of a tax-exempt affiliate if its activities             
          are carried out under the supervision or control of an exempt               
          organization and could be carried out by the exempt organization            
          without constituting an unrelated trade or business” (emphasis              
          added).  In Geisinger, we made a factual finding that the                   
          affiliated exempt foundation controlled the HMO.  See id. at 396.           


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