| 17/5/2012 |
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| Board of Special Commissioners - Cases |
| Case No. 1/72 |
Decided: 10 August, 1972 |
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Capital accretion - winnings at the Casino and in the Public Lotto - solid proof necessary to substantiate such plea
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Appellant pleaded that the increase in capital on which the ex officio assessment had been based, was attributable to winnings from organised betting and not to undeclared income as alleged by the Commissioner.
The Board contended that it was quite convenient for a taxpayer to submit such a plea when faced with an erstwhile unexplained increase in capital. The plea must, therefore, be backed by solid proof were it to be accepted. Though one cannot disregard the possibility of exceptional luck, it is a fact that substantial winnings are hard to come by. Had not the odds been in favour of the betting institution both the Casino and the Department of Public Lotto would go bankrupt overnight - something which is not the case.
Should the taxpayer provide convincing evidence, the plea would be accepted particularly in the light of an absolute lack of proof to back the allegation that the monies were procured through other means. In this particular case appellant produced as witnesses Casino employees and Lotto Receivers who testified that he used to bet heavily and frequently won substantial sums.
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