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The employer probably pays the waitress a microscopic wage, which is allowed under many minimum wage laws because my spouse a job that typically generates ends. The IRS might therefore believe 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 to fund the services his workers render. I absolutely don't think the exception under Section 102 will apply. If the tip is taxable income to the waitress, it is simply under standard principle of Section 61.
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