Delbert L. and Margaret J. Baker - Page 40

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               among other items, salaries of nurses, nurses’ aides,                  
               orderlies and incidental medication and supplies, as                   
               well as expenses allocable to the facility, such as,                   
               housekeeping, maintenance and utilities, a                             
               proportionate share of interest on indebtedness, real                  
               estate taxes, insurance, and depreciation.                             
                         *    *    *    *    *    *    *                              
                    (5) Medical expenses for purposes of the                          
               computation of the ratio of medical to total expenses                  
               include, but are not limited to, salaries of the                       
               Medical Center staff, incidental medication and                        
               supplies, the proportionate amount attributable to the                 
               provision of medical care of housekeeping, maintenance,                
               utilities, administrative and marketing costs, interest                
               on indebtedness, real estate taxes and depreciation of                 
               the nursing facility.                                                  
               There is no requirement in the revenue rulings that                    
          taxpayers engage in an actuarial analysis to factor in life                 
          expectancy and health care level expectancy on the basis of the             
          residency population of a CCRC to determine estimated lifetime              
          medical care costs and total costs.  The rulings focus on the               
          amount of fees paid by residents to the CCRC during the taxable             
          year that are properly allocable to medical care in the year                
          paid, and imply that the percentage method is an appropriate                
          method for taxpayers to use.  The actuarial method used by                  
          respondent’s expert requires estimating total lifetime costs of             
          services and lifetime medical care costs, steps that are not                
          anticipated or required by the revenue rulings.  Additionally,              
          the longstanding practice of the Commissioner has been to allow             
          use of the percentage method.  The Commissioner’s guidance                  







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