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The employer probably pays the waitress a quite small wage, and also allowed under many minimum wage laws because my spouse a job that typically generates tips. 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 hand hand, is obliged to fund the services his workers render. I really don't think the exception under Section 102 provides. If the tip is taxable income to the waitress, it is simply under the general principle of Section sixty one.
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