- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011