SAMPSON v. COMMISSIONER

Docket No. 1958-63.

23 T.C.M. 1192 (1964)

T.C. Memo. 1964-197

Sidney O. Sampson v. Commissioner.

United States Tax Court.

Filed July 20, 1964.


Attorney(s) appearing for the Case

Sidney O. Sampson, pro se, 469 Park Avenue St., N. Y., N. Y. John B. Murray, Jr., for the respondent.


Memorandum Opinion

MURDOCK, Judge:

The petitioner, a layman acting as his own counsel, contends that the action of the Commissioner, in attempting to collect a tax on tips received by a waiter in a restaurant, is unconstitutional since the Congress has not included tips in taxable income. The facts have been presented by a stipulation which is adopted as the findings of fact.

The petitioner and his wife filed joint cash basis income tax returns for...

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