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The employer probably pays the waitress a minuscule wage, as well as allowed under many minimum wage laws because she's got a job that typically generates practices. The IRS might therefore argue that my tip is paid "for" the business. But I am under no compulsion to leave the waitress anything. The employer, on the other hand hand, is obliged to fork out the services his workers render. It does not seem don't think the exception under Section 102 provides. If the tip is taxable income to the waitress, it's just under standard principle of Section 61.

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