The Irish Courts have held that the profits from a trade or business that is wholly illegal cannot be assessed to tax as resulting from a trade or an adventure in the nature of trade. Hayes v Duggan 1929 I ITR 195 and Collins v Mulvey 1956 31 TC 151. However, the UK Courts rejected the Hayes v Duggan decision and in Mann v Nash 1932 16 TC 523 it was held that once transactions were considered trading, the fact that the trade was illegal could not prevent assessment to tax.
Right of appeal against an assessment in the absence of a tax return filed by the taxpayer and the relevant interest and tax paid. 23TACD2019
