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Note: The article author is just not a CPA or tax specialized. This article is for general information purposes, and might not be construed as tax advice. Readers are strongly inspired to consult their tax professional regarding their personal tax situation.

The employer probably pays the waitress a very little wage, that allowed under many minimum wage laws because she's got a job that typically generates ends. The IRS might therefore believe my tip is paid "for" the business. But I am under no compulsion to leave the waitress anything. The employer, on the other side hand, is obliged to pay for the the services his workers render. We don't think the exception under Section 102 provides. If the tip is taxable income to the waitress, it can be under the general principle of Section sixty one.

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