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The employer probably pays the waitress a very tiny wage, and allowed under many minimum wage laws because my spouse a job that typically generates ends. The IRS might therefore believe that my tip is paid “for” the employer. But I am under no compulsion to leave the waitress anything. The employer, on the other hand, is obliged to meet the services his workers render. I absolutely don’t think the exception under Section 102 applies. If the tip is taxable income to the waitress, it is under common principle of Section 61.
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Defenders belonging to the IRS position would say it comes home to Section 61. The waitress provided a service for me, and I paid regarding it. Compensation for services is taxable. End of deal.
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