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The employer probably pays the waitress a minimal wage, that is allowed under many minimum wage laws because she gets a job that typically generates practices. 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 guitar hand, is obliged paying the services his workers render. Simply because don't think the exception under Section 102 can be applied. If the tip is taxable income to the waitress, merely under the principle of Section 61.
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