Las Vegas taxable income or gifts

Wendell Olk v. U.S., 38 AFTR 2d 76-5219, 76-2 USTC & 9484 (9th Cir., 1976). A Las Vegas craps dealer excluded money received as “tokes” from his federal income tax return. The dealer in a craps game does not provide any special services for the players, and the players are under no obligation to make such payments. Are “tokes” received by craps dealers in Las Vegas taxable income or gifts?

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