Delbert L. and Margaret J. Baker - Page 62

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          occupants of ILUs.  Mr. Dalton’s calculations provide a deduction           
          per residence while the ad hoc committee’s calculations are per             
          resident.  Mr. Powell applied the percentage based on the actual            
          monthly service fees paid by petitioners and calculated an                  
          allocable amount per residence.37  Although respondent states               
          that Mr. Powell’s application of the percentage methodology is              
          correct, respondent argues that a weighted average should be used           
          because it provides some consistency among ILU residents and is             
          fair and objective.  Petitioners argue that the allocation                  
          percentages should be applied to the actual fees they paid.                 
               We believe that the more appropriate application of the                
          percentage method is to allocate to each resident the same amount           
          for purposes of determining the appropriate medical deduction               
          related to the payment of monthly service fees.  If we accepted             
          petitioners’ approach, single residents and residents of double-            
          occupancy ILUs that are larger than the average ILU (and thus pay           
          higher monthly service fees) would get a larger medical expense             
          deduction based solely on the number of occupants of the ILU or             
          the square footage of the unit.  We fail to see the relationship            
          between the health care expenses of residents and the size and              

               37This application of the percentage method appears at odds            
          with a statement in the section of Mr. Powell’s report providing            
          an overview and criteria for the evaluation of the different                
          methods.  In his report, Mr. Powell states that similar residents           
          have the same expected health care usage and thus should receive            
          the same deduction regardless of the size of their accommodations           
          or the fees they pay.                                                       





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