Benjamin B. and Dorina Micorescu - Page 24

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            activities of daily living".  Ore. Rev. Stat. sec. 443.705(6)                               
            (1992) (emphasis supplied).                                                                 
                  Although petitioners were separately paid for room and board                          
            for most residents,8 petitioners' exempt and nonexempt foster                               
            care income was based on their home ownership.  In order to                                 
            qualify as having an adult foster home petitioners must under                               
            Federal and State law provide the appropriate services in their                             
            home, and they in fact did so in the years under consideration.                             
            The expenses for mortgage interest, real estate taxes, insurance,                           
            repairs and maintenance, utilities, depreciation, and "other"                               
            home expenses were incurred as a result of or incident to their                             
            adult foster home activity, and their income was derived from the                           
            use of their home as an adult foster home.  There is a direct                               
            factual relationship between those expenses and all petitioners'                            
            adult foster home care income, both taxable and nontaxable.                                 
                  We find that petitioners' business expenses that they have                            
            characterized as "service" expenses, "room and board" expenses                              
            and other expenses are related to all of petitioners' adult,                                
            foster home care income and must be allocated between exempt                                
            foster home care income and nonexempt foster home care income.                              
            We further find that under the facts and circumstances of this                              
            case, respondent's method of proportional allocation of expenses                            


                  8We note that there is no separately stated room and board                            
            amount for petitioners' "private pay" residents.                                            




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