Robert D. Grossman, Jr. - Page 28

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          Betsy, reportable on petitioner’s and Betsy’s 1985 joint tax                
          return.                                                                     
               We hold for respondent on this issue.                                  
               Los Angeles                                                            
               Markette paid $457 for petitioner’s airfare from Los Angeles           
          to Washington, D.C., that petitioner charged on his Markette                
          American Express credit card.  See Findings Check No. 2100--Los             
          Angeles, supra.                                                             
               Respondent asked Betsy about the airline ticket, and Betsy             
          testified that she did not remember anything about the trip and             
          did not “specifically” remember anything about petitioner’s being           
          in Los Angeles on Sley Corporations business.  Respondent did not           
          ask petitioner about the trip, and petitioner did not testify               
          about it.                                                                   
               Respondent has failed to show by clear and convincing                  
          evidence that petitioner’s Los Angeles trip was for personal                
          purposes and provided a benefit to Betsy.                                   
               We hold for petitioner on this issue.                                  
               Summary--1985                                                          
               Our fraud issue holdings as to 1985 constructive dividends             
          are summarized in table 18.                                                 










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