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Douglas_Knight comments on Rebasing Ethics - Less Wrong
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It's only theft not to tip if they actually include the tip in the bill as a "service charge". Otherwise, the tip is technically a gift. Withholding a customary gift might be mean (compare the likely outrage if you don't get your children gifts on their birthdays) but it's not stealing.
What do you mean by "technically"? What authority gets to impose precise definitions? The IRS doesn't consider it a gift.
It's legally a gift in that they can't compel you to tip (unless they call it a service charge and include it in the bill). It's also, legally, income, but so is any gift as long as it's of a size the IRS gets interested in.
My understanding is that the giver of a gift pays taxes to the IRS, but the recipient doesn't (with many qualifiers (at most $10k/year to family?) that I don't recommend we research or discuss, because it's boring and irrelevant).