Delbert L. and Margaret J. Baker - Page 3

                                        - 3 -                                         
               GOEKE, Judge:  Respondent determined deficiencies in                   
          petitioners’ Federal income taxes of $983 and $1,252 for the                
          taxable years 1997 and 1998, respectively.  After a concession,1            
          the issues for decision are:  (1) What portions of monthly                  
          services fees paid by petitioners for lifetime residence at a               
          continuing care retirement community are allocable to medical               
          care under section 213;2 and (2) whether petitioners are entitled           
          to deduct additional amounts under section 213 for medical use of           
          pool, spa, and exercise facilities at the retirement community.             
          We hold that the portions of the monthly service fees paid by               
          petitioners for medical care were $7,766 and $8,476 for 1997 and            
          1998, respectively.  We further hold that petitioners are not               
          entitled to any deductions for 1997 and 1998, respectively, for             
          the use of the pool, spa, and exercise facilities.                          
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      


               1Petitioners concede that they are not entitled to claim as            
          a depreciation expense $595 of the $775 reported on their 1997              
          return.  Respondent’s determination with respect to 1997 includes           
          a computational adjustment to petitioners’ Social Security                  
          benefits and/or Tier I Railroad Retirement benefits based on                
          other changes to adjusted gross income.  This adjustment will be            
          taken into account by the parties in the Rule 155 computation.              
               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.  Dollar amounts are generally rounded to the nearest             
          dollar.                                                                     




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