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The employer probably pays the waitress a really small wage, along with that is allowed under many minimum wage laws because my wife a job that typically generates help. The IRS might therefore consider that my tip is paid "for" the business. But I am under no compulsion to leave the waitress anything. The employer, on the other instrument hand, is obliged to fork out 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, merely under the general principle of Section sixty one.
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