Kathleen A. Brown - Page 7

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          left in her pocket when she got home from work, after paying for            
          any breakage or the like and sharing tips with other employees.             
          Although, based on petitioner's testimony, these payments might             
          not account for the complete difference in the amounts determined           
          by respondent and the amounts that petitioner reported, they                
          would account for a substantial amount of the difference.                   
               Respondent recognizes that it was customary for waitresses             
          to share tips with other employees and also to pay for breakage,            
          walkouts, and misordered food, and that petitioner did use part             
          of her tips for this purpose.  However, it is respondent's                  
          position that these items do not reduce petitioner's gross income           
          in arriving at adjusted gross income, but are itemized deductions           
          which petitioner is not entitled to take, since she used the                
          standard deduction in computing her income.  Respondent claims              
          that these amounts are employee business expenses that are not              
          deductible because of the provisions of section 62(a) in arriving           
          at adjusted gross income, but are itemized deductions subject to            
          certain limitations and not deductible when the taxpayer uses the           
          standard deduction.                                                         
               Section 62(a) provides for the deduction by an individual              
          taxpayer of trade or business expenses of that taxpayer "if such            










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