- 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.Page: Previous 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Next
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