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Alicorn comments on Rebasing Ethics - Less Wrong
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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).