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The employer probably pays the waitress a very small wage, and allowed under many minimum wage laws because she has a job that typically generates help. The IRS might therefore conisder 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 be charged the services his workers render. We don't think the exception under Section 102 will apply. If the tip is taxable income to the waitress, it is merely under common principle of Section 61.

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