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The employer probably pays the waitress a really small wage, will be allowed under many minimum wage laws because she's got a job that typically generates secrets and techniques. The IRS might therefore debate that my tip is paid "for" the employer. But I am under no compulsion to leave the waitress anything. The employer, on the other half hand, is obliged to pay the services his workers render. That sort of logic don't think the exception under Section 102 can be applied. If the tip is taxable income to the waitress, purely under the general principle of Section sixty one.

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