Robert D. Grossman, Jr. - Page 152

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          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.                                                                     





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