Benjamin B. and Dorina Micorescu - Page 21

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            (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 amount                                




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