- 12 - (substituting “petitioners” for “the foster care provider”)10 the payments may be excluded only if they were paid “for caring * * * in the petitioners' home”. (Emphasis added.) We believe that in ordinary, everyday speech the phrase “the petitioners' home” means the place (or places) where petitioners reside. Put more plainly, in order for a “house” to constitute “petitioners' home”, petitioners must live in that house. As Justice Scalia has recently written: “People call a house `their’ home when legal title is in the bank, when they rent it, and even when they merely occupy it rent-free--so long as they actually live there.” Minnesota v. Carter, 525 U.S. , , 67 U.S.L.W. 4017, 4021 (1998) (Scalia, J., concurring). In the words of the poet's cliche, “It takes a heap o' livin' in a house t' make it home.”11 The concept of home as residence is included in many everyday definitions of a person's home. For example, Webster's Ninth New Collegiate Dictionary 577 (1990) includes among its definitions of home: "one's place of residence: DOMICILE"; and “the focus of one's domestic attention”. Similarly, Webster's New World Dictionary 645 (3d College ed. 1988) includes among its definitions “the place where a person (or family) lives; * * * 10 As stated supra note 6, we assume for purposes of argument that petitioners were "foster care providers" with respect to all four properties. 11 Guest, "Home", reprinted in Stevenson, The Home Book of Quotations 904 (9th ed. 1958).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