- 31 - 1. Whether Petitioner Satisfies The Community Benefit Test The community benefit test requires consideration of a variety of factors that indicate whether an organization is involved in the promotion of health on a communitywide basis. See Sound Health Association v. Commissioner, 71 T.C. at 181-185 (comparing Sound Health Association’s operations with “hospital A” in Rev. Rul. 69-545, 1969-2 C.B. 117). Considering all the facts and circumstances surrounding petitioner’s operations, even though petitioner is instrumental in arranging for the provision of health care to a large number of individuals in the geographic area that it serves, we are not persuaded that petitioner provides a meaningful community benefit. Accordingly, petitioner does not qualify for tax-exempt status as an organization described in section 501(c)(3) based upon the provision of a community benefit. Significantly, unlike the HMOs in Geisinger Health Plans v. Commissioner, supra, and Sound Health Association v. Commissioner, supra, petitioner did not offer its health plans to the general public. Petitioner offered its SelectMed plan to only employees of large employers; i.e., employers with more than 100 employees. Moreover, petitioner no longer offers its Senior Care plan to Medicare patients. In sum, petitioner operates in a manner that substantially limits its universe of potentialPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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