Federal Court of Australia
CATCHWORDS Gift Duty - Four party scheme - Grant of options over new motor vehicles - Sales "subject to option" - Options declined - Onus - Order of transactions ~ Whether options were "contingencies" -
Whether options have a nil value - Whether optionee received gift
by optionor declining option - consideration of meaning of
"commercial benefit".
Gift Duty Assessment Act 1941 ss.4(1), 14(1)(f), 18(1)(a), 23.
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v KELLY FORD PTY. LIMITED, KELLY WHOLESALE PTY. LIMITED, BANE FINANCE PTY. LIMITED, DATIVAL MERCHANDISING PTY. LIMITED
G 141 of 1982
CORAM: Bowen C.J., McGregor and Sheppard Jd.
4 April 1984
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G141 of 1982 t ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES
BETWEEN :
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Appeilant AND:
KELLY FORD PTY. LIMITED, KELLY WHOLESALE PTY. LIMITED, BANE
FINANCE PTY. LIMITED, DATIVAL MERCHANDISING PTY. LIMITED
Respondents
ORDER
JUDGES MAKING ORDER: Bowen C.J., McGregor and Sheppard JJ.
WHERE MADE: Sydney DATE: 4 April 1984
THE COURT ORDERS THAT:
The appeals be dismissed.
The Commissioner of Taxation of the Commonwealth of Australia pay to Kelly Ford Pty. Limited, Kelly Wholesale Pty. Limited, Bane Finance Pty. Limited and
Datival Merchandising Pty. Limited their costs of the
appeals.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. Gi41 of 1982 ) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES
BETWEEN :
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Appellant AND:
KELLY FORD PTY. LIMITED, KELLY WHOLESALE PTY. LIMITED, BANE
FINANCE PTY. LIMITED, DATIVAL MERCHANDISING PTY. LIMITED
Respondents
Bowen C.J., McGregor and Sheppard Jv.
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