Pavel Dobra and Ana Dobra - Page 18

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          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).                                    



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