Federal Court of Australia
od
CATCHWORDS
Income Tax (Cth.) ~- Assessable income - Monthly indemnity paylents received under policy of insurance during disability due to accident - Whether income ~ Whether payments received by way of insurance or indemnity in respect of a loss of income which would have been assessable income - Whether
premium deductible.
Income Tax Assessment Act 1936, ss.25, 26(j}) and 51.
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v. DARCY PETER SHITH
W.A. No. G2 of 1979.
Coram: Bowen C.J., Franki and Toohey JJ.
17 October 1979 .
Sydney.
"
IN THD FEDERAL COURT OF AUSTRALIA )
) WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No. G2 of 1979.
) GENERAL DIVISION : )
U
ON APPEAL from the Supreme Court of Western Australia
. BETWEEN :
TIHE COMMISSTONER OF TAXATION OF | THE COMMONWEALTH OF AUSTRALIA
Appellant AND: DARCY PETER SMITH Respondent i - i ORDER .
JUDGES MAKING ORDER: Bowen C.J., Franki and Toohey JJ. DATE OF ORDER: 17 October 1979
WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The cross appeal be allowed.
3. The judgment of the Supreme Court be set aside and the matter be remitted to the Commissioner to re-assess in accordance with the reasons for judgment of this Court.
4. The matter is stood over generally with liberty to either party to apply, withan twenty one days' from this date, if he wishes to make any application for costs of the proceedings before the Supreme Court or before this
Court. 7 °
AN Till; FEDERAL COURT OF AUSTRALIA )
)
WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No. G2 of 1979 ')
GENERAL, DIVISION )
ON APPEAL from the Supreme Court of Western Australia
BETWEEN:
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Appellant AND: DARCY PETER SMITH 4 Respondent
Coram: Bowen C.J., Franki and Toohey JJ.
17 October 1979.
JUDGUENT
BOWEN ¢.g.: I have had the advantage of reading the reasons for
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