IHC Group, 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 406.11                  
               In sum, petitioner’s practice of offering its SelectMed                
          health plan solely to the employees of large employers 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.                               










          11   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).                           





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