[BIM22008] Meaning of trade: exceptions and alternatives: illegal activities – no moral test
The UK Courts have not followed the approach taken by the Irish Supreme Court in Hayes v Duggan  IR 406, where the Irish Court took the view that the illegality of an activity can affect its taxability.
Rowlatt J considered this approach in Mann v Nash  16TC523. In this case the taxpayer sought to exclude from his trading profit, the profits arising from illegal fruit machines. Rowlatt J noted, at pages 530 and 531: