Inez Meilak - Page 3

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               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.                                     






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