Patricia L. Baldwin - Page 11




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          the welfare payments.  The Court found that taxpayer’s daughter             
          employed taxpayer to provide services, that payments were                   
          disbursed in the name of the disabled daughter during the first             
          half of the year under an advance payment method, whereas,                  
          payments were directly disbursed to petitioner-health care                  
          provider and the other provider, during the last half of the                
          year.  At all times during the year in issue, the agency                    
          disbursing the funds considered the disabled daughter as the                
          recipient of the benefits and the employer of the care providers.           
          Therefore, the payments were includable in the taxpayer’s gross             
          income as compensation.  See id. at 66.                                     
               Moreover, petitioner’s case is almost identical to the facts           
          in Goldman v. United States, 79 F. Supp. 2d 1356 (N.D. Ga. 1998),           
          affd. per curiam without published opinion 196 F.3d 1262 (11th              
          Cir. 1999).  In Goldman, Mrs. Goldman received reimbursement                
          under a similar Florida statute for providing attendant care to             
          her fully disabled husband.  Mrs. Goldman did not include amounts           
          received for services on their joint return because she argued              
          the payments were fully excludable under section 104(a)(1).  In a           
          refund action, the U.S. District Court for the Northern District            
          of Georgia, applying Florida law, found that an award of                    
          attendant-care services for care given by taxpayer was properly             
          included in gross income as compensation for services under the             
          doctrine of anticipatory assignment.  The Court held that the               






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