Pavel Dobra and Ana Dobra - Page 10

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               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.                                  



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