Robert D. Grossman, Jr. - Page 25

                                       - 113 -                                        

               We hold for respondent as to $59.63, and for petitioner as             
          to $290, on this issue.                                                     
               Corpus Christi                                                         
               Markette paid $1,137.50 for round-trip airfare to Corpus               
          Christi, Texas, for Betsy and the children.  See Findings Check             
          No. 2098--Corpus Christi, supra.                                            
               Betsy testified as follows regarding this Corpus Christi               
          trip:                                                                       
                    Q  [McDougal] Do you remember the purpose of the trip?            
                    A  [Betsy] I think my mother was out there and I think            
               I had gone out there to meet with my mother and my brother.            
                    Q  And was that for the business of Markette                      
               Corporation.                                                           
                    A  I think there was some business that was discussed.            
                    Q  Was that the primary purpose of the trip?                      
                    A  I don’t remember specifically.                                 
                    Q  What interest did Markette Corporation have in                 
               having your children go to Corpus Christi?                             
                    A  I don’t know.  I mean all these bills were given               
               over to Harvey Berger and it was not my procedure to ever              
               really question what was done with these things.                       
               Respondent has shown by clear and convincing evidence, and             
          we have found, that Betsy’s and the children’s Corpus Christi               
          trip was for personal purposes and not for Sley Corporations’               
          business.  We conclude that Markette’s payment of the $1,137.50             
          airfare constituted constructive dividend income to Betsy,                  
          reportable on petitioner’s and Betsy’s 1985 joint tax return.               




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