- 21 - (6th Cir. 1986), revd. on other grounds sub nom. Bethesda Hosp. Association v. Bowen, 485 U.S. 399 (1988); Green v. Cashman, 605 F.2d 945, 946 (6th Cir. 1979). In any event, petitioners' policy arguments do not override the terms of an unambiguous statute. See In re Transcon Lines, 58 F.3d 1432, 1437-1438 (9th Cir. 1995); In re Kelly, 841 F.2d 908, 913 (9th Cir. 1988). We find that amounts received by petitioners from ElderPlace for adult foster home care are not qualified foster care payments under section 131(b) and are includable in gross income in each of the years at issue in this case. Expense Allocation Under Section 265 The parties agree that petitioners incurred and paid certain expenses related to their operation of an adult foster home for all the years involved here. The parties also agree that petitioners received payments for providing adult foster home care for individuals, some of which are not includable in income. Pertinent to these facts is section 265, which provides in part: SEC. 265(a). General Rule.--No deduction shall be allowed for-- (1) Expenses.--Any amount otherwise allowable as a deduction which is allocable to one or more classes of income other than interest (whether or not any amount of income of that class or classes is received or accrued) wholly exempt from the taxes imposed by this subtitle, or any amount otherwise allowable under section 212 (relating to expenses for production of income) which is allocable to interest (whether or not any amountPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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