Patricia L. Baldwin - Page 15




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               We agree with respondent’s contention that the payments to             
          petitioner were received by petitioner in her role as a care                
          provider to Mr. Baldwin and that she was required to provide                
          attendant and nursing care in order to receive the payments as              
          compensation for services rendered to Mr. Baldwin.  Although we             
          are sympathetic with petitioner’s circumstances, we are                     
          constrained by the Michigan statute and pertinent caselaw in                
          defining petitioner’s income for attendant-care services to her             
          husband as compensation.  The payments are therefore includable             
          in petitioner’s gross income for the years in issue as                      
          compensation for the attendant and nursing care services she                
          provided to Mr. Baldwin.                                                    
               Upon the basis of the record, we therefore hold that the               
          payments to petitioner from Healthcare are includable in her                
          gross income for the years in issue.                                        
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          

















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