Benjamin B. and Dorina Micorescu - Page 23

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                  Under section 1.265-1(b)(1), Income Tax Regs., the term                               
            "class of exempt income", as that term is used in section 265,                              
            means any class of income wholly excluded from gross income or                              
            wholly exempt from tax.  Allowable expenses directly allocable to                           
            any class of exempt income shall be allocated thereto and                                   
            expenses directly allocable to any class of nonexempt income                                
            shall be likewise allocated thereto.  Where an expense is                                   
            indirectly allocable to both a class of nonexempt income and a                              
            class of exempt income, "a reasonable proportion thereof                                    
            determined in the light of all the facts and circumstances in                               
            each case shall be allocated to each."  Sec. 1.265-1(c), Income                             
            Tax Regs.                                                                                   
                  The class of gross income for which petitioners' deductions                           
            are denied under section 265 is section 131 qualified foster care                           
            payments.  In the case of petitioners, such payments are for                                
            "caring for a qualified foster individual in the foster care                                
            provider's home".  Sec. 131(b)(1)(B) (emphasis supplied).                                   
                  Under Oregon State law the term "adult foster home" means a                           
            "family home or facility in which residential care is provided                              
            for five or fewer adults who are not related to the provider by                             
            blood or marriage."  Ore. Rev. Stat. sec. 443.705(1) (1992)                                 
            (emphasis supplied).  The term "residential care" means providing                           
            "room and board and services that assist the resident in                                    







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Last modified: May 25, 2011