Federal Court of Australia
SUDGMENT No. QL ABB.
CATCHWORDS
INCOME TAX - appeal from Administrative Appeals Tribunal - agreement between respondent and third party under which former
was to arrange provision of finance for substantial mining
enterprise to be carried out by latter - termination of agreement g
by third party - undissected lump sum paid to respondent in release of ali claims against third party - no evidence as to method of calculation of sum - whether assessable income - to
what extent question of law raised.
Administrative Apveals Tribunal Act 1975 s.33(1) Income Tax Assessment Act 1936 s.25(1)
Addis v. Gramaphone Company Limited £19093 AC 488 Commissioner of Taxation v. Mver Emporium Ltd. (1987) 61 ALJR 270
McLaurin v. Commissioner of Taxation (1961) 104 CLR 381 Allsop v. Commissioner of Taxation (1965) 113 CLR 341
H.A.Sinclair & Son Pty. Ltd. v. Commissioner of Taxation (1966) 114 CLR 537
COMMISSIONER OF TAXATION v. SPEDLEY SECURITIES LIMITED
No. G483 of 1987
CORAM: FOX, FISHER & SHEPPARD JJ. 18 FEBRUARY 1988
SYDNEY
yr nen em ee eqn one
cea eee nee eens
IN THE FEDERAL COURT OF AUETRALZA
NEW SOUTH WALES DISTRICT REGISTRY No. G483 of 1987
wee ww
GENERAL DIVISTON
ON APPEAL from the Taxation Appeals Division of the Administrative Appeals Tribunal constituted by the Honourable Mr Justice Purvis sitting as a oresidential member
BETWEEN :
COMMISSIONER OF TAXATION
Apvellant
AND:
SPEDLEY SECURITIES LIMITED
Respondent
MINUTE OF ORDER
WUDGES MAKING ORDER: FOX, FISHER AND SHEPPARD JJ.
DATE OF ORDER: 18 FEBRUARY 1988
WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The appeal be dismissed, with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
sae
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IN THE FEDERAL COURT OF AUSTRALIA
) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G483 of 1937 )
GENERAL DIVISION
(we)
ON APPEAL from the Taxation Apeeals Division of the Administrative Apoeals Tribunai constituted by the Honourable Mr Justice Purvis sitting as a presidential member
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