Stocks and Holdings (Constructors) Pty. Limited v. Federal Commissioner of Taxation.
Members: Barwick CJMenzies J
Stephen J
Mason J
Tribunal:
High Court (Full Court)
Mason J.: I have had the advantage of reading the reasons for judgment prepared by my brother Stephen, with which I entirely agree. I agree that only the first question submitted by the case stated need be answered and that it should be answered in the negative.
ORDER:
The questions asked in the stated case answered as follows -
- ``1. Whether, upon the true construction of Div. 7 of Pt. III of the Act, and in particular of sec. 103A(5) thereof, and upon the facts above set forth the respondent (or the Board of Review upon reference from him) could properly form the opinion, in pursuance of sec. 103A(5) of the Act that having regard to the matters specified in the said subsection it was reasonable that the appellant should be treated as a public company in relation to the year of income.'' - No.
- 2.-6. Unnecessary to answer.
Respondent to pay appellant's costs of the case stated.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
