Key legal question
Whether the cantonal tax assessment of returns and commission credits from the Ponzi scheme was arbitrary and unconstitutional.
Extracted holding
No. The taxable income could be treated as realized when the appellant had actual disposal power or a fixed, enforceable claim, and the cantonal court's characterization was not untenable.
Extracted reasoning
The appellant had a special role: he handled funds through his private account, received monthly statements, could dispose of credited amounts, and also received genuine referral commissions for attracting clients. The later bankruptcy characterization did not control the tax timing.