- 101 - Q [McDougal] Check number 1946 should be probably a couple page down for Eastern Air, $1616.50, February 17, 1984. Would that be for a Miami trip? A [Betsy] I haven’t found it yet. Q I’m sorry. A Okay, I found it. It might be. I don’t have the bills to match it up. Q But that time of year would Eastern Airline’s flights have been to Miami? A Most likely. We cannot determine from the foregoing whether or not Betsy received a constructive dividend on account of that payment. Respondent has failed to carry the burden of proving that constructive dividend by clear and convincing evidence. We hold for petitioner on this issue. Miami On or about August 5, 1984, Betsy charged a round-trip ticket on Pan American World Airways to Miami for $716. Markette paid for this on October 8, 1984, by check No. 2008. Apart from photocopies of the front and back of the check; photocopies of the fronts of the charge slip, the September invoice, and the invoice stub; and the fact that petitioner’s and Betsy’s son was 8 years old at the time, the only evidence in the record as to this item is the following colloquy: Q [McDougal] If you’ll turn back to Exhibit AQ again, please, page 15. On the invoice at the bottom is an American Express charge for Pan Am ticket for G. GrossmanPage: Previous 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Next
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