- 95 - income on account of this trip. Firstly, $39.95 of the amount Markette paid by its check No. 1896 on account of this trip was refunded to Markette by way of a credit against the Los Angeles Olympics tickets bill discussed infra. As we understand respondent’s contentions, respondent includes the $39.95 in the Hawaii trip expenses (because that was paid as part of Markette’s check No. 1896 payment of the July 1983 American Express invoice) and also includes the $39.95 in the Los Angeles Olympics expenses (because the credit was used against the charge for Olympics tickets paid as part of Markette’s payment of the August 1983 American Express invoice). This is improper double-counting. We conclude, and we have found, that the $39.95 is not properly an expense of the Hawaii trip. Secondly, our Findings of Fact detail the little information that the record reveals about the $3,311.82 debit memorandum. Respondent’s conclusion that this is properly a Markette expenditure for a constructive dividend purpose is neither adequately supported nor adequately refuted by evidence in the record. Respondent, who has the burden of proving on this issue that the debit memorandum represents an economic gain or benefit to Betsy, Dolese v. United States, 605 F.2d at 1152; Falsetti v. Commissioner, 85 T.C. at 356-357; Ashby v. Commissioner, 50 T.C. at 418, must bear the consequence of failing to carry that burden.Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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