Californian Oil Products Ltd v Federal Commissioner of Taxation

(1934) 52 CLR 28
(1934) 8 ALJ 195
[1934] ALR 339
(1934) 3 ATD 10

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Court:

Judges: Gavan Duffy CJ
Starke J
Dixon J
Evatt J
McTiernan J

Subject References:
Taxation and revenue
Income tax
Agreement for company to carry on agency
Cancellation of agreement
Company wound up
Money paid in consideration of cancellation
Income or capital
Proceeds of profit-making scheme
Licence

Legislative References:
Income Tax Assessment Act 1922 (Cth) No 37 - Section 4; Section 16; Section 93A

Hearing date: 2 August 1934; 3 August 1934; 7 August 1934; 24 August 1934
Judgment date: 24 August 1934

SYDNEY

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ORDER

Questions in the special case answered as follows:

(1)

Yes.

(2)

No.

(3)

Yes.

Costs in the appeal.