Pavel Dobra and Ana Dobra - Page 2

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               properties that were not their family residence.                       
               Accordingly, we sustain R's determination that the                     
               payments received from State O for care provided at                    
               those three properties were not excluded from gross                    
               income under sec. 131(a), I.R.C.                                       


               Paul A. Stamnes, for petitioners.                                      
               Wesley F. McNamara, for respondent.                                    


                                       OPINION                                        

               BEGHE, Judge:  Respondent determined deficiencies of $20,692           
          and $24,180 in petitioners' Federal income tax for 1992 and 1993,           
          respectively.  The only issue for decision is whether payments              
          received by petitioners from the State of Oregon are to be                  
          excluded from petitioners' income under section 131(a) as                   
          "qualified foster care payments".1  To resolve this issue we must           
          answer a question of first impression:  whether a house that is             
          not the foster care provider's residence may constitute "the                
          foster care provider's home" for purposes of section                        
          131(b)(1)(B).                                                               
               Petitioners Pavel Dobra and Ana Dobra, husband and wife                
          (petitioners), resided in Portland, Oregon, at the time the                 
          petition was filed.                                                         

               1 All section references are to the Internal Revenue Code in           
          effect during the years at issue, and all Rule references are to            
          the Tax Court Rules of Practice and Procedure, unless otherwise             
          specified.                                                                  




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