- 18 - any intent or policy concerning section 131, we believe it tends to support our conclusion that the foster care provider must reside in his (or her) section 131 “home”.15 Conclusion Respondent has determined that the payments made with respect to the properties other than the Morris Street property are not excluded from petitioners' income under section 131. Respondent's determination is presumed to be correct; petitioners bear the burden of proof that respondent's determination is erroneous, and that they are eligible for the exclusion.16 The parties' presentation of this case fully stipulated does not change this burden of proof. Rule 122; Borchers v. Commissioner, 95 T.C. 82, 91 (1990), affd. on another issue 943 F.2d 22 (8th Cir. 1991). 15 We note that if petitioners' argument in this case were accepted, a foster care provider could own and operate as a business an unlimited number of "homes" for purposes of sec. 131. There is certainly no mention of any desire to exempt the adult home care business from tax, in either the express provisions of sec. 131, or in the legislative history cited by the parties. The requirement that the foster care provider must reside in his or her "home" imposes some limit on the number of qualifying homes a provider may own and operate, and is consistent with the limitation of sec. 131(b)(3) on the number of adult care recipients with respect to whom excludable payments can be made. 16 Welch v. Helvering, 290 U.S. 111 (1933); Rule 142(a). In addition, exclusions from taxable income should be construed narrowly, and taxpayers must bring themselves within the clear scope of the exclusion. Graves v. Commissioner, 89 T.C. 49, 51 (1987), supplementing 88 T.C. 28 (1987).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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