- 44 - accomplishes a charitable purpose. We next consider whether petitioner qualifies for tax-exempt status as an integral part of a related tax-exempt entity. 2. Whether Petitioner Satisfies The Integral Part Test In Geisinger III, we concluded that an organization may qualify for exemption as an integral part of a tax-exempt affiliate if: (1) The organization’s activities are carried out under the supervision or control of a tax-exempt affiliate, and (2) such activities would not constitute an unrelated trade or business if conducted by a related tax-exempt entity. Geisinger Health Plans v. Commissioner, 100 T.C. at 402-405. There is no dispute that petitioner’s activities were carried out under the supervision and control of IHC-–a tax-exempt affiliate. Thus, we need only consider whether petitioner’s activities would constitute an unrelated trade or business if conducted by a related tax-exempt entity. In Geisinger III, we held that, because Geisinger HMO enrollees received some hospital services from independent hospitals, Geisinger HMO had to show that its overall operations were substantially related to the functions of its tax-exempt affiliates. Id. at 405. We stated: If petitioner’s activities are “conducted on a scale larger than is ‘reasonably necessary’” to accomplish the purposes of the exempt entities, there is no substantial relationship within the meaning of the regulations. Hi-Plains Hospital v. United States, 670 F.2d at 530-531; sec. 1.513-1(d)(3), Income Tax Regs. [Id. at 406.]Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011