Pavel Dobra and Ana Dobra - Page 12

                                       - 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