Kathleen A. Brown - Page 12

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          on a table in cash to arrive at the gross tip income of a waiter            
          or waitress.  However, the inference from the cases is that the             
          tip is left to be shared by all who have served the customer.               
               Clearly, when more than one waitress works at a table and              
          one waitress receives the tip, the tip is intended for all                  
          waitresses who served that table.  Unquestionably, where                    
          petitioner shared her tip with another waitress who helped her,             
          the tip she shared was really intended in part for the other                
          waitress, and the other waitress's part is not income to                    
          petitioner.  Whether the person leaving a tip intended a pass-              
          through for the busboys, bartenders, and cooks is not as clear.             
          The testimony in this record shows that the busboys stood in full           
          view and helped in various ways with serving and clearing the               
          table.  The bartender might not be directly in sight, but people            
          who ordered drinks were certainly aware of the work of the                  
          bartender.  Therefore, in our view, the sharing by a waitress of            
          tips with busboys, bartenders, and cooks is merely to carry out             
          the pass-through intent of the customer, and the gross amount of            
          the tip is not intended to be hers to keep in its entirety.  For            
          over 30 years this has been the rationale of respondent in                  
          determining tip income and of this Court in approving or                    
          modifying that determination.  In this case, even though                    
          respondent's counsel was requested to explain the change in                 
          position from prior cases, no such explanation has been                     





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