Robert D. Grossman, Jr. - Page 12

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                    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. Grossman              




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