- 37 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
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