- 25 - respondent’s brief introduces an uncertainty as to the amount of Rogelio’s 1992 hourly compensation. See supra note 3. 2. The CIPAA Casino--Tip Income The record is clear that each petitioner also received each year an appropriate portion of the tips that the casino’s patrons left in 1991 and 1992.10 Petitioners did not report any tip income on their 1991 tax return. Petitioners reported 1992 tip income of $750 for Rogelio and $480 for Zenaida. Apart from petitioners’ thus-reported 1992 tip income, we do not find anything in the record that would enable us to quantify petitioners’ tip income for 1991 or 1992. Petitioners urge, in both opening brief and answering brief, that our opinion in Executive Network Club, Inc. v. Commissioner, T.C. Memo. 1995-21, “highlights the extent to which the IRS’ case 10On opening brief, respondent asserts that, in addition to the tips that the CIPAA Casino gathered from patrons and distributed to the dealers, etc., “Moreover, in each year, petitioners received cash tips directly from patrons. (Tr. pp. 191-193).” We have found, supra, that “The record does not show that either petitioner received any such direct tips.” The transcript pages that respondent cites refer to the testimony of another person who worked for the CIPAA Casino during at least part of the period in issue in the instant case. That person testified that she had received such direct tips. Respondent’s counsel asked: “Okay. Did other employees earn tips in this manner as well?” The witness replied: “Probably, I don’t know.” Later, petitioners’ counsel asked that witness: “Did you ever see someone on the see [side ?] pay Mr. Balot or Mrs. Balot?” The witness replied: “I don’t recall, sir, because it was done secretly.” Thus the only evidence to which respondent directs our attention, or that our examination has turned up, is a disclaimer of knowledge. Respondent’s assertion on this point is unfounded on the record in the instant case.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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