BP Australia Ltd. v Federal Commissioner of Taxation
(1964) 110 CLR 38737 ALJR 365
(Decision by: McTiernan J)
Between: BP Australia Ltd
And: Federal Commissioner of Taxation
Judges:
Taylor J
Dixon CJ
McTiernan JKitto J
Windeyer J
Owen J
Subject References:
Income Tax
Judgment date: 25 February 1964
Melbourne
Decision by:
McTiernan J
I have arrived at the conclusion that the judgment of Taylor J. is right. I think that his Honour's findings of fact are fully supported by the evidence and cover all the material issues of fact in the case. Further, his Honour correctly applied the criteria laid down in the authoritative decisions for distinguishing between payments on income and capital accounts respectively. In my opinion, having regard to his findings of fact and the whole of the evidence he was correct in rejecting the contention of the appellant that the payments in question are allowable deductions under s. 51 of the Income Tax and Social Services Contribution Assessment Act 1936-1952. The appeal should be dismissed. (at p411)
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