IHC Care, Inc. - Page 37




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          its heavy reliance on independent physicians, would be essential            
          to or substantially related to Health Services’ exempt functions.           
          To the contrary, petitioner’s method of arranging for its                   
          enrollees to receive physician services suggests that petitioner            
          conducted its operations on a scale “larger than is reasonably              
          necessary to accomplish the purposes of the exempt entities”.               
          Geisinger Health Plans v. Commissioner, 100 T.C. at 406.10                  
               In sum, petitioner does not provide the community benefit              
          required for petitioner to qualify as an organization described             
          in section 501(c)(3).  Further, petitioner’s operations are not             
          essential to or substantially related to Health Services’ exempt            
          functions.  Consequently, petitioner is not entitled to the                 
          declaratory judgment it seeks.                                              
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               







          10   Under the circumstances, we need not consider whether we               
          would apply the “boost” test set forth in Geisinger Health Plan             
          v. Commissioner, 30 F.3d 494, 501 (3d Cir. 1994).  In addition,             
          we need not consider respondent’s alternative contention that               
          petitioner is not entitled to tax-exempt status pursuant to sec.            
          501(m) which provides that an organization described sec.                   
          501(c)(3) shall not be entitled to tax-exempt status if a                   
          substantial part of its activities consists of providing                    
          commercial-type insurance.                                                  





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