Robert D. Grossman, Jr. - Page 23

                                       - 111 -                                        

                    Petitioner worked in a busy law office.  (P.R.F. �                
               57(A)).  He devoted 99.99 percent of his time to his law               
               firm.  (P.R.F. � 57(A)).  The trips to Mexico and Canada               
               preceding the end of his marriage were trips where Markette            
               Corp. business was discussed and the expenses paid are not             
               dividends to petitioner.                                               
                    Obviously, Betsy and petitioner had substantial trouble           
               communicating at home.  When Betsy and petitioner travelled            
               to Acapulco and Canada, Markette Corp. business was                    
               discussed.  (P.R.F. �� 512, 518).                                      
               We are satisfied that Betsy’s testimony captured the essence           
          of the situation.  Respondent has shown by clear and convincing             
          evidence, and we have found, that petitioner’s, Betsy’s, and the            
          children’s Acapulco trip was for personal purposes and not for              
          Sley Corporations business.  We conclude that Markette’s payment            
          of the costs of the trip constituted income to Betsy, reportable            
          on petitioner’s and Betsy’s 1985 joint tax return.                          
               We hold for respondent on this issue.28                                
               Stamford                                                               
               Markette paid a $59.63 bill from Le Pavillon, dated June 8,            
          1985, that petitioner charged on his Markette American Express              
          credit card.  This expenditure was associated with a trip to                
          Stamford, Connecticut, to attend a bar mitzvah.  On the same day,           
          petitioner and Betsy charged two adult ($65 ea.) and four                   

               28   On brief, respondent asserts that Betsy had $3,682.24             
          constructive dividend income on account of the Acapulco trip.               
          Our addition comes to $3,682.21, and we have so found.  The                 
          latter number appears to be consistent with respondent’s                    
          determination in the notice of deficiency.  Our holding is for              
          the latter number.                                                          





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