Inez Meilak - Page 7

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               Petitioner did not produce any personal records of her tip             
          income during respondent's audit of her returns.  However, at               
          trial, petitioner was able to introduce purported personal                  
          records of her tip income for 1989 and 1990.  She testified that            
          she received her tips in cash from the restaurant on the day                
          following the shift when the tips were earned.  Attached to the             
          cash was a small, white paper with the amount of the tips and               
          petitioner's name written on it.  Petitioner alleged that she               
          went home, recorded the amount of tip money she received on a               
          yellow sheet of paper, and then discarded the original white                
          paper.  Petitioner testified she recorded her tips on these                 
          yellow sheets every night or at least every other night.                    
          Petitioner kept these yellow sheets in a manilla envelope in                
          which she kept all her Sandomenico records.                                 
               After inspection of the yellow sheets introduced by                    
          petitioner, we do not believe that these alleged daily records              
          were contemporaneous and accurate records of the tip income she             
          received in 1989 and 1990.  The uniformity and consistency of the           
          handwriting, as well as the appearance of the yellow sheets, lead           
          us to the conclusion that the entries on the sheets were written            
          about the same time, rather than on a daily basis over a 2-year             
          period.  Indeed, when testifying about the amount of allocated              
          tips on the Forms W-2 issued to her by Sandomenico for the years            
          in issue, petitioner admitted "I had no idea what I made."  We              
          can only conclude that had petitioner kept these yellow sheets              




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