Kathleen A. Brown - Page 13

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          forthcoming.  Under these circumstances, we do not consider this            
          an appropriate case to discuss in further detail the correctness            
          of the long-standing method of computing gross income from tips             
          by reducing the tips left on a waitress's table by the "payout"             
          she makes to busboys, bartenders, and other waitresses.                     
               Respondent apparently does not dispute petitioner's                    
          testimony that on the average she "paid out" $10 a day to                   
          busboys, bartenders, cooks, and other waitresses.  This amount is           
          in line with the 20 to 25 percent of tips allowed as "payouts" to           
          other employees in some recent cases.  We, therefore, hold that             
          the amount of tip income of petitioner as determined by                     
          respondent should be reduced in each year by $10 a day for                  
          "payouts" to other employees.                                               
               The situation with respect to the cash payments to the                 
          restaurant for breakage, misordered food, walkouts, and similar             
          items is different.  We did not find nearly as many cases dealing           
          with this question as we did cases dealing with "payouts" to                
          busboys and similar employees.  Also, we found no case making a             
          specific adjustment for these items, although some cases referred           
          in general to a consideration of the items.5  In this case                  

          5  For instance, in Applegate v. Commissioner, T.C. Memo.                   
          1980-497, we stated:  "We also hold that the petitioner failed to           
          sustain her burden of proving that she is entitled to deductions            
          for the 'walkouts'".  In Sanders v. Commissioner, T.C. Memo.                
          1979-352, we stated:                                                        
                    Finally, petitioner argues that respondent has not                




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