There is much confusion about what constitutes foreign earned income with respect to the residency location, the location where the work or service is performed, and supply of the salary or fee pay. Foreign residency or extended periods abroad from the tax payer can be a qualification to avoid double taxation.
The employer probably pays the waitress a very small wage, and allowed under many minimum wage laws because my wife a job that typically generates secrets and techniques. The IRS might therefore conisder that 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 services his workers render. We don’t think the exception under Section 102 can be. If the tip is taxable income to the waitress, it is under the principle of Section 61.
The very though, would be the majority of Americans have simpler tax statements than they realize. Many people get our income from standard wages, salaries, and pensions, meaning it’s to be able to calculate our deductibles. The 1040EZ, the tax form nearly 50 % of Americans use, is only 13 lines long, making things much better to understand, notably if you use software to back it up.
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