Commissioner of Taxation (Cth) v Murry

193 CLR 605

Between: Commissioner of Taxation (Cth) -Appellant
And: Judith Stella Murry -Respondent

Court:
High Court of Australia

Judges: Gaudron J
McHugh J
Gummow J
Kirby J
Hayne J

Subject References:
INCOME TAX
Capital gains
Exemptions
Goodwill
Disposal of taxi licence and shares
Whether disposal of a 'business' that 'includes, or includes an interest in, goodwill of the business'
Nature of goodwill
Sources of goodwill
Value of goodwill
-asset
-goodwill

Legislative References:
Income Tax Assessment Act 1936 (Cth) - Pt IIIA; s 160A; s 160ZZR

Judgment date: 16 June 1998


ORDER

1. Appeal allowed.

2. The appellant pay the respondent's costs in this Court and in the Federal Court of Australia.