tinymce texteditor delete the <p></p> paragraph tags

[ie8]

using admin for cmsms 1.9.4.3

tinymce text editor
leaves empty paragraph tags <p></p>
I think this happens when I toggle the wysiwyg checkbox

I am not sure how often this happens, but I have to manually delete the
<p></p>
many times.

[Dr.CSS]

Most times this is from the editor hitting the Return/Enter key w/o realizing it, I tried to make it happen on mine by turning tiny off/on a few times and no luck...