- 5 - Discussion Section 131(a) provides the general rule that “Gross income shall not include amounts received by a foster care provider * * * as qualified foster care payments.” Section 131(b) defines the “qualified foster care payments” (QFCP) referred to by section 131(a). Under section 131(b)(1)(B), a payment may be a QFCP only if it is either a “difficulty of care payment”, as defined in section 131(c), or is “paid to the foster care provider for caring for a qualified foster individual in the foster care provider's home” (emphasis added).3 Finally, section 131(b)(2) defines a “qualified foster individual” as “any individual who is living in a foster family home” (emphasis added).4 The parties have stipulated that none of the payments at issue were “difficulty of care payments”. Accordingly, the 3 Sec. 131(b) additionally requires that a "qualified foster care payment" (QFCP) be paid by a State or tax-exempt placement agency. The payments at issue were made by the State of Oregon; and respondent has not argued in this case that the State payment requirement has not been met. Cf. Cato v. Commissioner, 99 T.C. 633 (1992), in which the Commissioner argued that the payment requirement of sec. 131 was not satisfied because the tax-exempt placement agency was serving as a mere conduit for the payment of funds from another source. 4 With respect to payments made for the foster care of adult individuals, the definition of a "qualified foster individual" in sec. 131(b)(2) also requires that the individuals were placed in the foster home by a State agency. The parties have stipulated that neither the notice of deficiency nor the pleadings raises an issue as to whether this requirement was met. Cf. Micorescu v. Commissioner, T.C. Memo. 1998-398.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011