Federal Court of Australia
CATCHWORDS
Income tax - Income Tax Assessment Act 1936 - whether payments by taxpayer in respect of certain guarantees or indemnities were losses or outgoings within the meaning of sub-s. 51 (1) - if so, whether sums were incurred in the year of income claimed by the taxpayer.
Income Tax Assessment Act 1936 ss. 31, 36, 51, 185, 187,
F.J. Bloemen Pty. Ltd. v Federal Commissioner of Taxation
(I9S1) 137 CUR 385 referred to.
Federal Commissioner of Taxation v Total Holdings (Australia) . referred to.
St. Hubert's Island Pty. Ltd. v Federal Commissioner of Taxation 76 ATC TOS0 referred to.
Federal Commissioner of Taxation v St. Hubert's Island Pty. Ltd (in bigeidetion} (IS78) I38 cur ollowed.
e era oamissioner of Taxation v James Flood Pty. Ltd. (1953) referre °.
Deputy Commissioner of Taxation (S.A.) v Executor Trustee & Agen Co. of B.A. Ltd. (1938) 63 CLR 108 referred to.
edera camissioner of Taxation v Australian Guarantee
orporation ° ALR referred to. Clyne v Deputy Commissioner of Taxation (1981) 150 CLR 1
reterred to.
Clyne v Deputy Commissioner of Taxation (1982) 56 ALJR 857 considered.
New Zealand Flax Investments Ltd. v Federal Commissioner of Taxation (1938) 61 CLR 179 followed.
Nilsen Development Laboratories Pty. Ltd. v Federal ommissioner o axation LR referred to.
Magna Alloys & Research Pty. Ltd. v Federal Commissioner of Taxation LD) a FER [83 considered.
Hallstroms Pty. Ltd. v Federal Commissioner of Taxation (1946) 72 CUR 634 reverted to.
The Commissioner of Taxation v South Australian Battery Makers Pty. Ltd. (1978) 140 CuR 645 referred to. Fetarat c
ommissioner of Taxation v Foxwood (Tolga) Pty. Ltd.
2.
(1981) 147 CLR 278 referred to. Walker v Federal Commissioner of Taxation (1983) 83 ATC 4,168
referred to.
Stow Bardolph Gravel Co. Ltd. v Poole (1954) 35 Tc 459 considered. —_
Ure v Federal Commissioner of Taxation (1981) 50 FLR 219
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