Shepherd v Federal Commissioner of Taxation

(1965) 113 CLR 385
39 ALJR 351

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SHEPHERD
v FEDERAL COMMISSIONER OF TAXATION

Court:

Judges: Barwick C.J.
Kitto
Owen JJ.

Judgment date: 17 December 1965

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Questions asked in the reference answered as follows:

1. Whether the taxpayer by the Deed referred to in paragraph 5 hereof effectively assigned to the persons named therein in the proportions therein set forth, all his right title and interest in and to an amount being ninety per centum of the royalties which in fact accrued during the period of three years from the 23rd day of July, 1957, under the agreement made on the 12th day of March, 1954 referred to in paragraph 2 hereof.

Answer "Yes".

2. Whether the sum of 6,031 pounds or some and what part thereof, referred to in paragraph 9 hereof formed part of the taxpayer's assessable income for the year ended 30th June, 1958.

Answer "No".

Costs of the reference to be paid by the respondent.