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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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