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The employer probably pays the waitress a really small wage, that allowed under many minimum wage laws because she’s got a job that typically generates practices. 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 half hand, is obliged to pay the services his workers render. It does not seem don’t think the exception under Section 102 uses. If the tip is taxable income to the waitress, it’s under total principle of Section sixty one.
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Defenders of this IRS position would say it comes back to Section 61. The waitress provided a service for me, and I paid hard. Compensation for services is taxable. End of adventure.
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