- 10 - Having noted that this is a case of first impression, we observe that counsel have not referred us to--and we have not found--any cases interpreting “home” or "the foster care provider's home” for purposes of section 131. Finally, the legislative history of section 131, in our judgment, provides little if any guidance to the meaning of “home”, for purposes of adult foster care, that cannot also be gleaned from the plain language of the statute.9 9 Sec. 131 was added to the Code by sec. 102(a) of the Periodic Payment Settlement Act of 1982, Pub. L. 97-473, 96 Stat. 2606. However, in its 1982 form, sec. 131 applied only to payments made to foster parents for caring for foster children. Sec. 131 was amended to apply to payments made for adult foster care by sec. 1707(a) of the Tax Reform Act of 1986 (TRA 86), Pub. L. 99-514, 100 Stat. 2781. This amendment was added by the conferees. See H. Conf. Rept. 99-841 (the TRA 86 Conference Report) at II-838 and II-839 (1986), 1986-3 C.B. (Vol. 4) 838- 839. As we read the portions of the TRA 86 Conference Report dealing with adult foster care, they are no clearer than the plain language of the statute--with the possible exception of one sentence expressing the conferees' intent that the adult foster care exclusion be limited to "individuals who provide foster care within their own homes". TRA 86 Conference Report, supra at II- 838, 1986-3 C.B. (Vol. 4) at 838. In this context, we note that on brief each party has cited this portion of the TRA 86 Conference Report. With respect to the pre-TRA 86 legislative history of sec. 131, we are not certain that a definition of "the foster care provider's home" in the context of a statute that dealt solely with foster parents and foster children, would necessarily be relevant in the context of a statute expanded to include adult foster care. Nevertheless, we have reviewed the pre-TRA 86 history cited to us by the parties, and we conclude that it does not help interpret the statutory language.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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