Dickson v Federal Commissioner of Taxation

62 CLR 687

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Between: Dickson
And: Federal Commissioner of Taxation

Court:

Judges: Latham CJ
Dixon J
Evatt J

Subject References:
Taxation and revenue
Income tax
Assessable income
Unrealized profits

Legislative References:
Income Tax Assessment Act 1936 No 27 - s 6; s 44(2)(b)(iii)

Hearing date: 23 March 1939; 24 March 1939; 2 June 1939; 31 October 1939; 1 November 1939; 2 November 1939
Judgment date: 21 February 1940

MELBOURNE

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ORDER

Appeal allowed. Order dismissing appeal from commissioner set aside. In lieu thereof order that the appeal from the commissioner be allowed. Declare that the 801 paid-up shares in Castlemaine Brewery Company Melbourne Ltd were not assessable income of the appellant in the year ending 30th June 1936. Remit assessment to the commissioner for amendment in accordance with this order. Respondent to pay appellant's costs of appeal to High Court and to Full Court.