Robert D. Grossman, Jr. - Page 105

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          15, 1984, and returned on November 21, 1984.  The primary purpose           
          of the trip was personal--to see Beatrice.  This charge was paid            
          for by Markette check No. 2036.                                             
               Check No. 2036--Miami--Children.  The American Express                 
          December 1984 invoice includes charges totaling $397 for three              
          Eastern Airlines one-way tickets for the children from New York             
          City to Miami.  Betsy bought the tickets on December 3, 1984.               
          The children left New York on December 26, 1984.11  Petitioner,             
          Betsy, and the children had gone to New York City for Christmas.            
          It was intended that all five of them would go to Miami to meet             
          with Beatrice--a personal family vacation purpose.  However,                
          petitioner had some business to do in Washington, D.C., before              
          the end of the year, so he and Betsy returned to Washington,                
          D.C., from New York City, while the children went directly from             
          New York City to Miami.  A few days later, petitioner and Betsy             
          went on to Miami to meet Beatrice.  These charges for the                   
          children’s three tickets were paid for by Markette check No.                
          2036.                                                                       



               11   Petitioner’s proposed finding of fact 507 indicates               
          that this trip was on Dec. 26, 1987, and on answering brief                 
          respondent does not dispute the date.  Even if we were to regard            
          the parties’ agreement on this point as a supplemental                      
          stipulation, we would disregard the stipulation because it is               
          contrary to the persuasive evidence in the record that the trip             
          was on Dec. 26, 1984.  Jasionowski v. Commissioner, 66 T.C. 312,            
          318 (1976).                                                                 





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