High Court of Australia
Fol Cons
Taxation, Taxation, Rage om Sere er
AR) GBZ,
[HIGH COURT OF AUSTRALIA.)
DANIELL " ; e % ss a - : APPELLANT
AND
z THE FEDERAL COMMISSIONER OF TAXATION RESPONDENT. :
H.C. or A. Income Tax (Cth.)—Assessment—Sale of hotel—Lease and goodwill—Value
1928, goodwill—Evidence on appeal—Notice of assessment—Income Tax A. n —~ Act 1922-1927 (No. 37 of 1922—No. 32 of 1927), secs. 16 (d), 39 (1) (6). Brisbane, . Jains 20. It is provided by sec. 16 (d) of the Income Tax Assessment Act 1922-1!
= that the assessable income of any person shall include " premiums fines | Sypvey, foregifts or consideration in the nature of premiums fines or foregifts demai July 30. and given in connection with leaschold estates" ; and by sec. 30 (1) (5) th Knox C.J. on appeal against an assessment the notice of assessment shall be prima
evidence that the amount and all the particulars of the assessment are corre
In an agreement for the sale of the lease, licence, goodwill, furniture, of a hotel for £30,000, £27,405 was allocated to lease and goodwill. The in her Federal income tax return, claimed that she should be assessed on t amount received for the lease and not on that received for the goodwill. claimed that the goodwill was worth £14,472 and the lease £12,933. She wa assessed for income tax on the whole amount received for lease ant the Commissioner treating the whole sum of £27,405 as consideration granting the lease, and giving her notice of assessment accordingly. On apy ea to the High Court,
Held, that the evidence did not establish either that the goodwill of business regarded as property separate and apart from the premises had,
onus, which, under sec, 30 (1) (b), was upon her, of proving that the was incorrect.
Semble; The goodwill of a licensed victualler's business is not absolutel and necessarily inseparable from the premises—it may have a separate but prima facie it may be treated as attached to the premises and, wh its value, should be treated as an enhancement of the value of the
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