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The employer probably pays the waitress a minimal wage, which is allowed under many minimum wage laws because this wounderful woman has a job that typically generates details. The IRS might therefore believe that my tip is paid "for" the business. But I am under no compulsion to leave the waitress anything. The employer, alternatively hand, is obliged to fork out the services his workers render. Simply because don't think the exception under Section 102 will apply. If the tip is taxable income to the waitress, it is only under the principle of Section 61.

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