Kathleen A. Brown - Page 14

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          petitioner's testimony is very imprecise as to the amount she               
          might have been required to pay in either year here in issue for            
          misordered food, breakage, or walkouts.  Since petitioner claimed           
          the standard deduction on her income tax returns, she is not                
          entitled to itemized deductions.  Therefore, if her payment for             
          misordered food, breakage, and walkouts is an employee business             
          expense, the amount is immaterial unless it would exceed the                
          standard deduction, which clearly it would not.                             
               The evidence in this case does not show enough of the nature           
          of the payments for breakage, misordered food, and walkouts for             
          us to determine whether these payments are itemized business                
          expense deductions for petitioner or whether some other                     
          adjustment for these amounts would be necessary if petitioner had           
          shown with any exactitude the amount of such payments.                      
               Since the evidence does not show the amounts, if any,                  
          petitioner paid in the years here in issue for breakage,                    
          misordered food, and walkouts, we need not decide whether such              



               allowed enough of an offset for amounts paid to busboys and            
               amounts she had to pay for breakages and checks that her               
               customers did not pay.  Respondent allowed 10 percent as               
               paid to busboys.  This amount computes to be larger than the           
               fifty cents daily she paid the busboys and thus leaves a               
               margin for breakages and unpaid checks.  Petitioner has not            
               shown, nor is there anything in the record from which we can           
               estimate, the amount of breakage or unpaid checks.  We must,           
               therefore, find for respondent on the amount of offset to be           
               made to gross tips.                                                    




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