- 26 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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