National Trustees Executors and Agency Co of Australasia Ltd v Federal Commissioner of Taxation
91 CLR 5401954 - 1129B - HCA
Between: National Trustees Executors and Agency Co of Australasia Ltd
And: Federal Commissioner of Taxation
Judges:
Dixon CJ
McTiernan J and Taylor J
Fullagar J
Kitto J
Subject References:
Succession
Estate duty
Assessment
Right to share of profit
Valuation at death
Legislative References: - Estate Duty Assessment Act 1914 (No 22); Wool Realization (Distribution of Profits) Act 1948 (No 87)
Hearing date: MELBOURNE 18 May 1954; 19 May 1954; 20 May 1954Judgment date: 29 November 1954
SYDNEY
Questions in the case stated answered as follows:
Question 1. If, contrary to the answer to the third question, it were competent for the Commissioner of Taxation to amend the assessment, the figure of PD2,830 18s. 10d. was wrongly adopted.
Question 2. On the hypothesis stated in the answer to the first question, the present value as at the time of the death of the deceased of his expected share or dividend in the distribution of wool profits should have been estimated.
Question 3. The commissioner did not have power under the Estate Duty Assessment Act 1914-1950 to issue the amended assessment.
Costs of the case stated reserved for the judge disposing of the appeal.