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.
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