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The employer probably pays the waitress a really small wage, will be allowed under many minimum wage laws because my spouse 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 half hand, is obliged for the services his workers render. Glad don't think the exception under Section 102 asserts. If the tip is taxable income to the waitress, it is merely under standard principle of Section 61.

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