- 10 - (8) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer, or (9) An individual * * * who, for the taxable year of the taxpayer, has as his principal place of abode the home of the taxpayer and is a member of the taxpayer’s household. Peter Wuol testified that he and petitioner were not related by blood, but Peter Wuol would refer to petitioner as “my brother”. Although Peter Wuol believed that he and petitioner were related as brothers because they were from the same “family” and thus, Peter Wuol’s children were petitioner’s nephews, Peter Wuol admitted that he and petitioner had neither the same father nor the same mother. Having a relative in common, by marriage, as in the instant case, does not necessarily warrant a finding that petitioner and Peter Wuol are related within the meaning of section 152. See Barbetti v. Commissioner, 9 T.C. 1097, 1098 (1947)(noting that Congress chose only those relationships in section 25(b)(3), Internal Revenue Code of 1939, as amended, as “being sufficiently within the family orbit to warrant a dependency allowance.”).10 Petitioner and Peter Wuol are not considered half brothers 10 The relationships described in sec. 25(b)(3) of the Internal Revenue Code of 1939, as amended and in effect for the taxable years 1944 and 1945 relevant in Barbetti v. Commissioner, 9 T.C. 1097 (1947), are the same as those described in sec. 152(a)(1)-(8).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011