Delbert L. and Margaret J. Baker - Page 38

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               The ruling first examined previous rulings discussing the              
          deductible portion of fees paid by taxpayers for lifetime care              
          from retirement homes.  Id.  The ruling cited the statement in              
          Rev. Rul. 67-185, supra, quoted above.  The ruling then addressed           
          the monthly fee issue and stated:                                           
                    In addition, the portion of the monthly fee (15                   
               percent * * *) paid by the taxpayers that is properly                  
               allocable to medical care is also deductible as an                     
               expense for medical care in the year paid, subject to                  
               the limitations prescribed in section 213 of the Code.                 
               [Id.]                                                                  
          The ruling also discussed the deductibility of portions of an               
          entrance fee paid by the taxpayers.23  Id.                                  













               23In other rulings, taxpayers have been allowed to deduct              
          specific portions of entrance fees paid to retirement homes,                
          subject to the limitations of sec. 213.  See Rev. Rul. 76-481,              
          1976-2 C.B. 82 (10 percent of entrance fee allocable to medical             
          care); Rev. Rul. 75-302, 1975-2 C.B. 86 (30 percent of entrance             
          fee allocable to medical care).  In Estate of Smith v.                      
          Commissioner, 79 T.C. 313, 321-322 (1982), we held that 7 percent           
          of an entrance fee paid to a retirement home was allocable to               
          medical care because this percentage was determined to be the               
          cost of providing free days of standard care in a convalescent              
          center for the residents’ lifetimes.  The Commissioner acquiesced           
          in our decision in Estate of Smith at 1984-2 C.B. 1.                        





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