Legal Precedents in Taxation and Capital Gains
Taxation of Illegal Trade and Embezzled Funds
Prostitution is regarded as a trade, and revenue law states that profits made from a trade are to be taxed (Mann v. Nash). Regarding money put in a constructive trust, the question arises: who should pay the tax? The claim of right doctrine does not exist in Australian law, so it is not applicable; furthermore, there was no claim of rights because the individual stole the money. The clean hands doctrine does not apply here because he cooperated and admitted he stole the money. Funds were held on constructive trust for the taxpayer's employer, and interest was not income derived by the taxpayer.
The James v. US Ruling on Embezzlement
The Wilcox ruling was overturned by James v. US, which addressed whether