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The employer probably pays the waitress a minuscule wage, along with that is allowed under many minimum wage laws because my spouse a job that typically generates help. 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 instrument hand, is obliged to fund the services his workers render. That sort of logic don’t think the exception under Section 102 will apply.
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