Otis L. Pimpleton and Tabitha Pimpleton - Page 11

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         not for the benefit of the food server.  Respondent agrees.                  
         Further, respondent acknowledges that the record does not                    
         definitively demonstrate whether “net sales” includes the service            
         charge.8  Respondent contends that even if net sales includes the            
         service charge, then, if net sales were reduced by the service               
         charge, the tip rate necessarily would be greater than the                   
         determined rate.  We agree with respondent.  The following                   
         example illustrates why:                                                     
              Assume two guests order full continental breakfasts for $11             
         each and give a $5 tip.  Ignoring sales tax, as we must, the                 
         total charge is $31 ($22 breakfasts + $4 service fee + $5 tip).              
         If the $4 service fee is included in net sales, the tip rate is              
         19.2 percent ($5/$26).  On the other hand, if the $4 service fee             
         is not included in net sales, the tip rate is greater; i.e., 22.7            
         percent ($5/$22).                                                            
              In short, the uncertainty regarding the precise makeup of               
         net sales does not compromise respondent’s determination.  If net            
         sales does not include the service charge, then petitioner is                
         content; if net sales does include the service charge, then the              
         15.4 percent tip rate is understated and a greater tip rate would            
         be applicable.  As the foregoing example demonstrates, 19.2                  
         percent of $26 is mathematically the same as 22.7 percent of $22.            



               8  It should be recalled that respondent based his analysis            
          on data furnished by the Las Vegas Hilton.                                  




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