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Revision as of 10:25, 16 May 2026

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The employer probably pays the waitress a very small wage, that is allowed under many minimum wage laws because she's a job that typically generates creative ideas. 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, on the other instrument hand, is obliged for the services his workers render. We don't think the exception under Section 102 applies. If the tip is taxable income to the waitress, it is only under basic principle of Section 61.

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