Structuring Joint Ventures Involving Tax-Exempt Entites

When tax-exempt entites invest in joint ventures, they generally desire to treat income derived from such ventures as exempt from income tax. Over the last few years, healthcare lawyers have been provided with a great deal of guidance relative to this issue. Unfortunately, the guidance, which has been provided through case law and issuances by the Internal Revenue Service (Service), only clarifies specific fact patterns that are either clearly "favorable" or, on the other side of th spectrum, clearly "unfavorable."

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