- 7 - Petitioner did not produce any personal records of her tip income during respondent's audit of her returns. However, at trial, petitioner was able to introduce purported personal records of her tip income for 1989 and 1990. She testified that she received her tips in cash from the restaurant on the day following the shift when the tips were earned. Attached to the cash was a small, white paper with the amount of the tips and petitioner's name written on it. Petitioner alleged that she went home, recorded the amount of tip money she received on a yellow sheet of paper, and then discarded the original white paper. Petitioner testified she recorded her tips on these yellow sheets every night or at least every other night. Petitioner kept these yellow sheets in a manilla envelope in which she kept all her Sandomenico records. After inspection of the yellow sheets introduced by petitioner, we do not believe that these alleged daily records were contemporaneous and accurate records of the tip income she received in 1989 and 1990. The uniformity and consistency of the handwriting, as well as the appearance of the yellow sheets, lead us to the conclusion that the entries on the sheets were written about the same time, rather than on a daily basis over a 2-year period. Indeed, when testifying about the amount of allocated tips on the Forms W-2 issued to her by Sandomenico for the years in issue, petitioner admitted "I had no idea what I made." We can only conclude that had petitioner kept these yellow sheetsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011