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An argument that tips, in some or all cases, are not "compensation received for the performance of personal services" most likely will work. With no it did not, I'd personally expect the irs to assert this consequence. This is why I put an alert label which experts claim stands this order. I don't want some unsuspecting server to get drawn in the fight the individual can't afford to lose.

People hate paying income tax. Tax avoidance strategies are entirely legal and ought to be taken advantage of. Tax evasion, however, is not. Make sure you know where the fine lines are.

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