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The employer probably pays the waitress a quite small wage, could be allowed under many minimum wage laws because she's a job that typically generates details. The IRS might therefore conisder that my tip is paid "for" the employer. But I am under no compulsion to leave the waitress anything. The employer, on the other side hand, is obliged to fund the services his workers render. I really don't think the exception under Section 102 provides. If the tip is taxable income to the waitress, it's just under the typical principle of Section 61.

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