IHC Group, Inc. - Page 31




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          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 potential                  








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