- 3 - On her 1989 Federal income tax return, petitioner reported tip income of $7,200. Petitioner failed to include in income $7,931 of tips allocated to her by Sandomenico pursuant to section 6053(c)(3) and noted in Box 6 of her Form W-2. On her 1990 return, petitioner reported tip income of $13,147, which included the $347 of tips allocated to her by Sandomenico pursuant to section 6053(c)(3). In 1989 and 1990, Sandomenico's directly tipped employees included captains, waiters and waitresses, and busboys. After each shift (either lunch or dinner), the directly tipped employees would pool all the charged and cash tips received. The next day, two of the employees would allocate and distribute the tips pursuant to a point system (described in greater detail below). They allegedly recorded the amount of tips received in notebooks, along with the resulting allocation and distribution among the employees who worked that shift. Petitioner claimed these notebooks were kept on the premises of Sandomenico. During the initial audit of petitioner's returns by respondent, petitioner did not produce any personal records of her tip income. Later in the audit, petitioner produced one of the above mentioned notebooks, purportedly covering the period of April 28, 1990 to December 31, 1990. Other than this notebook, during the audit petitioner did not mention, nor did she produce, any personal records of her tip income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011