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The employer probably pays the waitress a little wage, and also allowed under many minimum wage laws because my spouse a job that typically generates secrets and techniques. The IRS might therefore reason that 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 applies. If the tip is taxable income to the waitress, it is merely under the typical principle of Section sixty one.

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