- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011