Federal Court of Australia
CATCHWORDS
Income Tax - Assessable income - Retirement allowance - Lump sum
Portion deemed by s.109 to be a dividend - Whether such portion
excluded from assessment under s.26(d) - Whether assessable
dividend under s.44(1) - Whether capital or income in nature.
as
a
Income Tax Assessment Act 1936, ss.25(1), 26(d), 44(1), 78(1),
103A(2), 104(1), 108 and 109.
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
ALBERT HENRY COMBER
Bowen C.d., Fisher and Lockhart Jd. 27 March 1986
Sydney
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IN THE FEDERAL COURT OF AUSTRALTA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 238 of 1985 ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES
BETWEEN : THE COMMISSIONER OF TAXATION OF THE, COMMONWEALTH OF AUSTRALIA
Appellant AND: ALBERT HENRY COMBER
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER : Bowen C.J., Fisher and Lockhart JJ.
DATE
27 March 1986
PLACE : Sydney
THE COURT ORDERS THAT:
1.
The appeal be allowed.
The order of the Supreme Court of New South Wales be varied by deleting the order that the Commissioner amend the respondent''s assessment by including therein 5% of the whole of the sum of
$100,000 and substituting therefor an order that there be included in the respondent's assessment 5% of portion of the said
sum, namely the sum of $41,500.
The assessment be remitted to the Commissioner for amendment in
accordance with the terms of this judgment.
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4.
Note:
The Commissioner of Taxation pay to Albert Henry Comber his costs
of this appeal.
Settlement and entry of orders is dealt with in Order 36 of the
Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 238 of 1985 ) GENERAL DIVISION )
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