- 9 - 1981), affg. per curiam T.C. Memo. 1979-3. Indeed, even statistical surveys have been held to be an appropriate method of computing tip income. See, e.g., Ross v. Commissioner, supra; cf. sec. 7491(b). Fourth, the Commissioner’s method of recomputing income carries with it a presumption of correctness, and the taxpayer bears the burden of proving it wrong.7 INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933). If petitioner maintained contemporaneous records of his tip income for 2002, he did not offer such records at trial. Rather, petitioner challenges only respondent’s methodology in reconstructing the amount of his tip income. Petitioner’s principal challenge focuses on the amount of his net sales. In this regard, the parties agree that sales should properly be net of sales tax, and the parties assume that the figures furnished by the Las Vegas Hilton are so. Petitioner contends that sales should also be net of the $2 per person service charge that was levied for the benefit of the hotel and 7 Although sec. 7491(a) may serve to shift the burden of proof to the Commissioner, that section has no application to the present case in view of the fact that: (1) Petitioner has not asserted its applicability; (2) petitioner has failed to demonstrate that he maintained the requisite books and records, see sec. 7491(a)(2); and (3) petitioner failed to introduce credible evidence sufficient to establish a prima facie case, see sec. 7491(a)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011