Benjamin B. and Dorina Micorescu - Page 16

                                                - 16 -                                                  

            Legislative History                                                                         
                  Petitioners insist, however, that individuals placed by                               
            ElderPlace were placed by an entity that had contracted with a                              
            State agency responsible for such matters.  Therefore, the                                  
            individuals placed by ElderPlace were placed by the State within                            
            the meaning of section 131(b)(2), petitioners conclude.  They                               
            base their argument on the legislative history of section 131,                              
            which, they claim, shows that the use of the phrase "placed by"                             
            in section 131(b)(2) merely requires some indirect "State action"                           
            of a government agency.                                                                     
                  For taxable years beginning before January 1, 1986, section                           
            131 provided an exclusion from gross income for certain payments                            
            received by "foster parents" for caring for foster children.  The                           
            Tax Reform Act of 1986, Pub. L. 99-514, section 1707, 100 Stat.                             
            2085, 2781-2782, amended section 131 to extend to certain adult                             
            foster care payments the exclusion from gross income.                                       
            Petitioners point to the language of H. Conf. Rept. 99-841 (Vol.                            
            II), at II-838 through II-839 (1986), 1986-3 C.B. (Vol. 4) 1,                               
            838-839, which says:                                                                        
                  The conferees intend that this extension of the                                       
                  exclusion to adult foster care is limited to cases of                                 
                  individuals who provide foster care within their own                                  
                  homes to adults who have been placed in their care by                                 
                  an agency of the State or political subdivision thereof                               
                  specifically designated as responsible for such                                       
                  function.  The exclusion does not apply to payments to                                
                  operators of boarding homes who provide room and board                                
                  to adults who have not been placed in their care                                      





Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011