- 43 - setting premiums for large employer group enrollees based upon past claims experience. If the difference in treatment of the enrollees caused a disparity in premium costs between the classes of enrollees, there could be an inference that petitioner was benefiting larger employers. However, the record contains no explanation of the difference in treatment of enrollees. In conjunction with the premium disparity issue, we note that, unlike the arrangement adopted by Sound Health Association, petitioner’s bylaws stated that its board of trustees would be composed of a plurality of representatives from the buyer- employer community, with an approximately equal number of physicians and hospital representatives. The composition of petitioner’s board of trustees, lacking in representation of the community at large, furthers the inference that petitioner predominantly served the private interests of the larger employers participating in its plans. In the absence of an explanation in the record, the Court is left with doubt as to petitioner’s provision of a community benefit. Petitioner has the burden of proof. See Rule 217(c)(2)(A); Geisinger Health Plan v. Commissioner, 100 T.C. at 406. In sum, we hold that petitioner has not established that it provided a community benefit that qualifies it for tax-exempt status pursuant to section 501(c)(3). Put another way, it has failed to show that it provides any community benefit thatPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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