Rogelio R. Balot and Zenaida V. Balot - Page 26




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          regarding the Petitioners is distorted.”  Our findings of fact in           
          Executive Network Club, Inc. describe some of the operations of a           
          charitable organization’s casino operation in Prince George’s               
          County, with a focus on how tips from patrons were collected by             
          the casino and “were ultimately distributed to the workers in               
          cash.”  We held that the casino operation constituted an                    
          unrelated trade or business.  However, we held that the tips that           
          came from the patrons and were distributed to the casino workers            
          did not constitute income to the exempt organization.  In the               
          course of our opinion, we noted as follows:                                 
               4 The fact that the tips were shared does not preclude a               
               finding that the payments by the patrons were tips.  Similar           
               pooling or tip-splitting arrangements have been held to                
               constitute tip income to those participating in the pooling            
               or tip-splitting arrangement.  See Allen v. United States,             
               976 F.2d 975, 976 (5th Cir. 1992); Olk v. United States, 536           
               F.2d 876, 877 (9th Cir. 1976); Catalano v. Commissioner, 81            
               T.C. 8, 11-13 (1983), affd. without published opinion sub              
               nom. Knoll v. Commissioner, 735 F.2d 1370 (9th Cir. 1984);             
               Armeno v. United States, 6 Cl. Ct. 521 (1984).  In                     
               respondent’s regulations, respondent describes such pooling            
               arrangements.  Secs. 31.3121(a)-1(c), 31.6053-3(j)(12)-(13),           
               and 31.6053-4(a)(2), Employment Tax Regs.; see also Guadron            
               v. Commissioner, T.C. Memo. 1994-553; Tech. Adv. Mem. 81-46-           
               001 (Sept. 21, 1978) [Executive Network Club, Inc. v.                  
               Commissioner, T.C. Memo 1995-21.]                                      
               We agree with petitioners (as does respondent) that the                
          process of gathering tips, apportioning them, and periodically              
          paying them out to the workers in Executive Network Club, Inc. is           
          quite similar to the process followed by the CIPAA Casino during            
          the years in issue in the instant case.                                     







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