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Invincible? Alphonse Gabriel Capone, notoriously known as "Scarface," ruled the streets of Chicago for over a decade (1919 - 1930) During these years, Capone rose to power through any means necessary, which included but was not limited to: bootlegging, gambling, prostitution, assault, theft, arson, and murder. When Elliot Ness brought down Capone in 1930, the authorities did do not have enough evidence to charge him with any of the above incidents. However, it is no wonder that that the most famous Gagster in American History was arrested and jailed solely for income tax evasion.

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An argument that tips, in some or all cases, aren't "compensation received for the performance of non-public services" still might work. It's just that since it did not, I would personally expect the government to assert this charge. This is why I put a warning label on top of this column. I don't want some unsuspecting server to get drawn correct fight the guy can't manage to lose.

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