Big Hong Ng - Page 13

          treated as an asset of Ocean City HK for any of the years under             
          consideration, and no persuasive evidence was introduced for us to          
          conclude that the tip account belonged to the restaurant.                   
               In her posttrial brief, Ms. Ng claims that she did not own the         
          tip account but rather it was owned by Ocean City HK, that certain          
          deposits into the account were counted twice by respondent, and             
          that disbursements to her from the account were loans.  The record          
          in this case belies these claims.                                           
               Ms. Ng and her brother had complete control over the tip               
          account.  Although the source of deposits into the account may have         
          been tips received by Ocean City HK employees, a substantial                
          portion of the withdrawals from the account went to Ms. Ng or for           
          her benefit.  We therefore find that Ms. Ng controlled the tip              
          account and treated it as her own.                                          
               The parties stipulated that $98,911 of the deposits in the tip         
          account were not included in respondent's adjustments because that          
          amount was transferred to Ms. Ng's Bank of America account and              
          already had been counted in determining her reconstructed income.           
          Ms. Ng has not shown that other amounts were counted twice.                 
          Further, we are not convinced that the withdrawals from the tip             
          account were loaned to her, or that she intended to repay any such          
          alleged loans.                                                              
               Nonetheless, we believe some disbursements from the tip                
          account were for the benefit of Ocean City HK shareholders other            
          than Ms. Ng, who in effect acted as agent for Ocean City HK in the          

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