Federal Court of Australia
« CATCHWORDS
Income Tax - Company trustee with other companies engaging in successful profit making transaction - relationship of companies said to be that of partnership - receipt by company trustee of share of profit - trust property held by company trustee for unit holders - unit holders holding units as trustees for beneficiary presently entitled but under legal disability - whether sum received as trustees for beneficiary income to which s.94 applied and liable to further tax thereby.
"No uncontrolled partnership income" - "Share in the net income of a partnership" - "Income of a particular class" -
"Trust estate".
Income Tax Assessment Act 1936 s.6, s.94, 5.98
Acts Interpretation Act 1901 s.15AA Partnership Act (1891) (Qld.)
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Ve
PETER JOSEPH WALSH and BEATRICE JOAN WALSH as trustees for LISA MARIE WALSH TRUST
No. G14 of 1983
CORAM: McGregor, Lockhart, Fitzgerald JJ.
Brisbane
5 July 1983.
IN THE FEDERAL COURT OF AUSTRALIA ) )
QUEENSLAND DISTRICT REGISTRY ) No. G14 of 1983 } )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN :
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Appellant
PETER JOSEPH WALSH and
BEATRICE JOAN WALSH as trustees for LISA MARLE WALSH TRUST
Respondents
ORDER
JUDGES MAKING ORDER - McGregor, Lockhart, Fitzgerald JJ.
DATE OF ORDER - 5 July 1983 WHERE MADE - Brisbane
THE COURT ORDERS:
1. Appeal dismissed
2. Appellant to pay respondent's costs.
<1
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) Qld. G14 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN: THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA Appellant AND:
PETER JOSEPH WALSH and BEATRICE JOAN WALSH as trustees for LISA MARIE WALSH TRUST
Respondents Coram: McGregor, Lockhart, Fitzgerald JJ. Date : 5 July 1983 REASONS FOR JUDGMENT McGregor J. THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH
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