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The employer probably pays the waitress a really small wage, along with that is allowed under many minimum wage laws because she's a job that typically generates rules. The IRS might therefore believe my tip is paid "for" the business. But I am under no compulsion to leave the waitress anything. The employer, on the other guitar hand, is obliged to pay for the the services his workers render. Simply because don't think the exception under Section 102 uses. If the tip is taxable income to the waitress, it can be under common principle of Section 61.

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