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The employer probably pays the waitress a microscopic wage, and also allowed under many minimum wage laws because she's got a job that typically generates rules. The IRS might therefore consider 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 to repay the services his workers render. It does not seem don't think the exception under Section 102 employs.
If the tip is taxable income to the waitress, it is only under total principle of Section sixty one. So, considerably more than simply don't tip the waitress, does she take back my curry?