Executor Trustee & Agency Co of South Australia Ltd v Federal Commissioner of Taxation

48 CLR 26
1932 - 0804A - HCA

Between: Executor Trustee & Agency Co of South Australia Ltd
And: Federal Commissioner of Taxation

Court:
High Court of Australia

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

Subject References:
Taxation and revenue
Income tax
Trustee
Will
Life tenant and remainderman
Direction that premium be treated as rent
Whether trustee liable for tax for any part of the premium

Legislative References:
Income Tax Assessment Act 1922 (Cth) No 37 - s 13; s 31

Hearing date: Melbourne 15 March 1932
Judgment date: 4 August 1932

Sydney


ORDER

Questions answered as follows:

(1)
Not in respect of the whole sum, but in respect of one-half part thereof.
(2)
No. Costs in the appeal.