232. Undertakings analogous to trade.

Undertakings which are ejusdem generis with trade because they involve habitual or systematic operations, but yet cannot be described as commercial enterprises, are said to be analogous to trade and any profits arising are chargeable as miscellaneous income.

The distinguishing mark of a trade is its commercial aspect1. Normally an undertaking with the characteristics of a trade may properly be described as a commercial enterprise, but occasionally an undertaking is encountered which through some peculiarity inherent in the nature of the undertaking itself2, or in the transactions carried on3, lacks this fundamental aspect, and in such a case, any charge