John Fairfax & Sons Pty Ltd v Federal Commissioner of Taxation

101 CLR 30
1959 - 0227A - HCA

Between: John Fairfax & Sons Pty Ltd
And: Federal Commissioner of Taxation

Court:
High Court of Australia

Judges: Dixon CJ
Fullagar J
Kitto J
Taylor J
Menzies J

Subject References:
Taxation and revenue
Income Tax
Assessable income
Allowable deductions
Legal expenses
Capital or income expenditure

Legislative References:
Income Tax and Social Services Contribution Assessment Act 1936 - s 51(1)

Hearing date: 17 December 1958; 18 December 1958
Judgment date: 27 February 1959

MELBOURNE


ORDER

Question referred to the High Court in the case stated by the board of review answered that the legal expenses mentioned in the said question were not an allowable deduction.

Order that the taxpayer pay the costs of the reference to the High Court.