Daniel D. McBol Aruai - Page 10

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               (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).                                                              




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