The Chief Justice (orally):—Where a profit arises from carrying out a construction contract entered into between a taxpayer and a third person, for the taxpayer to establish that that profit is a profit from a partnership business in which he is only one of the partners, he must show
(1) that there was a partnership agreement between himself and some other person or persons, and
(2) that the contract was carried out by the partners under the partnership agreement.
In this case the learned trial judge found that it had not been established that the contract had been carried out by the partners under the partnership agreement and we have not been persuaded that he was wrong in so finding.
Appeal dismissed with costs.