- 96 - We conclude that the trip to Hawaii was primarily of a personal nature. Respondent proved by clear and convincing evidence that $1,974.74 ($2,014.69 minus $39.95) of Markette’s expenditures for this trip was associated with that purpose. Thus, Betsy received a $1,974.74 constructive dividend in 1983 from Markette. We hold for respondent as to $1,974.74 and for petitioner as to $3,351.77 ($3,311.82 plus $39.95), on this issue. Lake Tahoe Markette paid $1,351.50 for round-trip airline tickets for petitioner, Betsy, and their children to visit Lake Tahoe. See Findings Check No. 1896--Lake Tahoe, supra. However, petitioner did not go on that trip, and American Express refunded the $318 cost of his ticket. Thus, the net Markette payment for this trip was $1,033.50. Betsy testified that the primary purpose of the family’s usual midsummer Lake Tahoe trips was pleasure, and we have found that that was the primary purpose of this trip. On brief, petitioner refers to (1) Betsy’s testimony that “we looked at investment properties around the Tahoe area” and (2) his testimony “that he talked about the corporations’ assets with Betsy ‘every waking moment, maybe too much.’” Firstly, there is no basis for allocating any part of the expenses of this Lake Tahoe trip to Sley Corporations business, as distinguished from petitioner’s and Betsy’s personal and family purposes.Page: Previous 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Next
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