Benjamin B. and Dorina Micorescu - Page 8

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            entitled to claim additional business expenses associated with                              
            the income that was allocated under section 265.                                            
                                             Discussion                                                 
                  The parties agree that payments petitioners received                                  
            directly from residents, or their representatives, are taxable                              
            and that payments petitioners received for residents placed in                              
            their home directly by the State of Oregon are tax exempt under                             
            section 131.  The parties disagree about whether payments                                   
            petitioners received from ElderPlace are exempt from tax under                              
            section 131 and the proper allocation of expenses to exempt and                             
            nonexempt income under section 265.                                                         
            Section 131 Foster Care Payments                                                            
                  Section 131(a) provides that gross income shall not include                           
            "qualified foster care payments".  A "qualified foster care                                 
            payment" as described in section 131(b)(1) is any amount:                                   
                        (A) which is paid by a State or political                                       
                  subdivision thereof or by a placement agency which is                                 
                  described in section 501(c)(3) and exempt from tax                                    
                  under section 501(a), and                                                             
                        (B) which is--                                                                  
                              (i) paid to the foster care provider for                                  
                        caring for a qualified foster individual in the                                 
                        foster care provider's home, or                                                 
                              (ii) a difficulty of care payment.[5]                                     



                  5Difficulty of care payments as described in sec. 131(c) are                          
            not at issue in this case.                                                                  




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