Premier Automatic Ticket Issuers Ltd v Federal Commissioner of Taxation
50 CLR 268(Decision by: McTiernan J)
Premier Automatic Ticket Issuers Ltd v Federal Commissioner of Taxation
Court:
Judges:
Rich J
Starke J
Dixon J
Evatt J
McTiernan J
Subject References:
Taxation and revenue
Income tax
Patent rights
Licensee empowered to sell patent rights
Share of proceeds to taxpayer
Income or capital
Profit-making scheme
Legislative References:
Income Tax Assessment Act 1922 (Cth) - Section 4; Subsection 13(1); Section 16C
Income Tax Assessment Act 1930 (Cth) - Paragraph 2(c); Subsection 26(1)
Judgment date: 7 November 1933
SYDNEY
Decision by:
McTiernan J
I agree that the sum of PD10,000 which was received by the taxpayer company entirely flowed from the agreement of November 1922, and that this was its only source. This sum was therefore derived from a source within Australia. I also agree that the sum of PD10,000 was income. I have nothing to add to the reasons which have been given for these conclusions.
The first, second and third questions should be answered respectively: No; Yes and No. It is unnecessary to answer the fourth question.
(1928) A.C., at p. 140
(1914) A.C., at p. 1010
[1931] A.C. 224
(1933) A.C., at pp. 148, 149
(1928) 41 C.L.R., at p. 151
[1914] A.C. 1001
[1908] A.C. 46
(1921) 29 CLR 225
(1932) 33 S.R. (N.S.W.) 107, at p. 116
[1932] A.C. 238
(1928) 41 C.L.R., at pp. 151, 152
[1914] A.C. 1001 ; 18 CLR 413
[1928] A.C. 132
(1921) 29 CLR 484
(1923) 31 CLR 503
(1909) 5 Tax Cas. 424; 101 L.T. 96 (C.A.)
(1910) 5 Tax Cas. 658
(1920) 7 Tax Cas. 629
(1926) 11 Tax Cas. 232
(1928) 41 C.L.R., at pp. 151, 152
(1927) 40 CLR 246
(1925) 9 Tax Cas., at p. 574; 133 L.T., at pp. 622, 623
Below, p. 304
Below, p. 304