Robert D. Grossman, Jr. - Page 153

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               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.                 





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