W.A. Hughes Pty Ltd v. Commissioner of Taxation [1981] FCA 67

CATCHWORDS

Income Tax - Whether taxpayer entitled to investment

allowance deduction in respect of cost of certain

equipment - Whether eligible property was acquired by

the taxpayer for use by the taxpayer for the purpose of producing assessable income otherwise than by the granting to other persons of rights to use it - Whether eligible property was leased by the taxpayer under a long-term

lease agreement and whether the taxpayer entered into an arrangement with another person for the use of the property after the property was installed ready for use and while

the lease was in force.

Income Tax Assessment Act 1936 (Cth.) ss.82AA(a) (ii) (C),

82AA(b), 82AG(3) (dad), 82AQ(1)

W.A. HUGHES PTY. LIMITED v. THE COMMISSIONER OF TAXATION

No. G.23 of 1980 Franki, Deane and Sheppard JJ. 3 June 1981.

Brisbane.

IN THE FEDERAL COURT OF AUSTRALIA) )

QUEENSLAND DISTRICT REGISTRY ) No. G.23 of 1980 GENERAL DIVISION ) BETWEEN : W.A. HUGHES PTY. LIMITED Appellant AND: THE COMMISSIONER OF TAXATION Respondent. ORDER JUDGES MAKING ORDER: Franki, Deane and Sheppard JJ.

DATE OF ORDER 3 June 1981

WHERE MADE

Brisbane.

THE COURT ORDERS THAT:

l. The appeal is dismissed. 2. The appellant pay the respondent's costs

of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) NO. G. 23 OF 1980. ) )

GENERAL DIVISION

BFTWEEN: W.A. HUGHES PTY. LIMITED

Appellant

AND: THE COMMISSIONER OF TAXATION

Respondent

CORAM: Franki, Deane, and Sheppard JJ.

3 June 1981

REASONS FOR JUDGMFNT FRANKI J This is an appeal, by leave, from the judgment of a Judge of the Supreme Court of Queensland dismissing an appeal by a taxpayer, W.A.Hughes Pty. Limited, from a decision of the Taxation Board of Review which confirmed assessments of income

tax for the years ended 30 June 1976 and 1977.

I have had the opportunity of reading the judaqments of