Commissioner of Stamps (WA) v West Australian Trustee Executor and Agency Company Limited [1925] HCA 20

ib oo Apo Flo Tizaion tion, Way, fe i , ih of tWA Gir ee gers, lie Gr GF 98 miGH COURT {HIGH COURT OF AUSTRALIA.] THE COMMISSIONER OF STAMPS (WESTERN \ AUSTRALIA) el s 5 2 5 AND THE WEST AUSTRALIAN TRUSTEE, EXECUTOR AND AGENCY COMPANY Respro: LIMITED ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H.C. or A, Probate Duty—Deduction from value of assets—" Debts due by the deceased Voss Federal income tax not assessed at death—Administration Act 1903 (W ee, (Wo. 13 of 1903), secs. 4, 10, 62, 86%, 88*, 89, 111-113—Income Tax A

Metnourne, Act 1915-1918 (No. 34 of 1915—No. 18 of 1918), secs. 3, 10 (1), 28, 31, 36,

May 19,20; 44, 46s, 52—Income Tax Assessment Act 1922 (No. 37 of 1922), secs. 4, 13

June 16. 32, 85, 40, 54, 57, 62, 89—Income Tax Act 1919 (No. 9 of 1919), secs. 2

—Income Tax Act 1920 (No. 37 of 1920), secs. 2, 3, 9—Income Tax Act I

Ista is, (No. 38 of 1922), secs. 2, 3, 7.

Starke JJ. Held, by Knox C.J., Higgins and Starke JJ. (Isaacs and Rich JJ.

although not assessed or otherwise ascertained during his lifetime, is death a "debt due by the deceased person " within the meaning of see. 8 the Administration Act 1903 (W.A.).

* Sec. 86 of the Administration Act 1903 (W.A.) provides that " Every executor and administrator shall pay to the Commissioner duty on the final balance of the real and personal estate of the deceased" &e. Sec. 88 pro- vides that 'For the purpose of ascertaining the amount of duty, every executor and administrator shall file with the Commissioner a in the prescribed form,

statement

verified by affidavit, in particulars of . . . (b) TI

due by the deceased person, guishing between secured and uns debts, and stating the nature security held, and the estimated thereof; (c) The balance re

after deducting the amount

debts from the value of the the deceased person"; &.