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The employer probably pays the waitress a very tiny wage, as well as allowed under many minimum wage laws because she has a job that typically generates rules. 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, alternatively hand, is obliged to fund the services his workers render. Simply because don't think the exception under Section 102 can be. If the tip is taxable income to the waitress, it is simply under the typical principle of Section 61.

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