EWING V. THE COMMISSIONER OF TAXATION 37/1928

~~ = IN THE HIGH COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY

No. 37 of 1928.

of the Income Tax

LILTHE MATTER Assessment Act 1922-1925

TB MATTHR of Reference No, 41/1927 to a Board of Review

constituted under the Income Tax Assessment Act 1922-1925 at the request of Lady tlargaret Russell Ewing.

BETWEEN LADY MARGARET RUSSELL EWING

Appellant mands THE _COMMISSTONER OF TAXATION OF THE COMMON WHALTH OF AUSTRALIA ~

Respondent

BONOY. 1828 | . SYDNEY REGISTRY

oO RDER

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MINTER SIMPSON & CO. . C4

IN THE HIGH COURT OF AUSTRALIA

Wo. 37 of 1928,

NEW SUUTH WALES REGISTRY

LN THE MATTER of the Income tax Assessment Act 1922-1925.

AND LN THE:MATTER of Reference No.41/1927 to a Board of Review constituted under the Income Tax Assessment Act 192281925 at the request of Lady Margaret Russell Ewing, BELWHEEN LADY MARGARET RUSSELL EWING Appellant

-and=

THE_COMMESSTONER OF TAXATION OB THE COMMONWEALTH OF AUSTRALIA

Respondent

Before His Honor Mr, Justice Starke.

Tuesday the Twentyseventhday of November

one thousand nine hundred and twenty eight.

WHEREAS by Notice of Appeal filed in this Court on the Twantieth day of March last the appellant instituted an appeal against the decision of the said Board of Review

in this matter AND WHEREAS this appeal came on to be

heard before His Honor Mr. Justice Starke on the Seventh day of August last AND WHEREAS a case was stated for the

opinion of the Full Court of this Court in which the following question was asked namely:- Were the payments of One thousand pounds and Five hundred pounds by the Trustees (in the said case mentioned) in the years ending on theThirtiethday of Jyne one thousand nine hundred and twenty three and one thousand nine hundrediand twenty four respectively income of the

appellant within the meaning of the Income Tax Assessment

Act 1922-1925? AND WHERMAS the said case came on to be heard