Federal Court of Australia
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CATCHWORDS
INCOME TAX - Sale of unregistered trade name and logo to offshore company - licence back from purchaser to vendor - legal effect of sale of trade name without goodwill - deductibility of licence
payments.
Income Tax Assessment Act 1936, ss.51, 260
Bacchus Marsh Concentrated Milk Co Ltd (In Liquidation) v Joseph Nathan & Co Ltd (1919) 26 CLR 410
Pinto v Badman 1891 8 RPC 181
Need v J _H Coles Pty Ltd (1931) 46 CLR 470
J _H Coles Pty Ltd v Need (1933) 49 CLR 499
Commissioner of Taxation v Gulland (1985) 60 ALJR 150
Magna Alloys and Research Pty Ltd v FCT (1980) 49 FLR 183; 33 ALR 3
COMMISSIONER OF TAXATION v JUST JEANS PTY LTD
No. VG 38 of 1986 No. VG 39 of 1986
Woodward, Neaves and Wilcox JJ. 13 May 1987 Melbourne
o.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. ) VG No. )
GENERAL DIVISTON
ON APPEAL FROM THE SUPREME COURT OF VICTORIA
BETWEEN
ry
COMMISSIONER OF TAXATION and
JUST JEANS PTY LTD
MINUTES OF ORDER
COURT: Woodward, Neaves & Wilcox JJ.
DATE: 13 May 1987 PLACE: Melbourne
THE COURT ORDERS THAT:
38 of 1986 39 of 1986
Appellant
Respondent
1. The appeals be allowed with costs to be taxed and paid
by the respondent.
2. So much of the judgment of the Supreme Court of Victoria
as relates to the respondent's appeals in respect of the
years of income ended 30 June 1980, 31 July 1981, 31
July 1982, 31 July 1983 and 31 July 1984 be set aside;
and in lieu thereof it be ordered -
a.
acy
| (a) that the appeal in respect of the year of income ended 30 June 1980 be allowed to the extent of excising from the respondent's taxable income in respect of that year the amount of $1,226.00 claimed as a deduction by way of investment allowance in respect of
warehouse hanging racks and intercoms but that
otherwise the appeal be dismissed;
(b) that the appeal in respect of the year of income ended 31 July 1982 be allowed to the
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