Hill and Another v. Federal Commissioner of Taxation.
Judges: Barwick CJMcTiernan J
Kitto J
Menzies J
Windeyer J
Court:
High Court (Full Court)
Menzies J.: The facts which have been stated for the opinion of the Full Court have already been summarised and it is not necessary for me to repeat them.
Those facts show that upon the death of the deceased, Douglas Roland Hill, the sum of $23,856 became payable to his widow, Shirley Hilda Hill, under a policy with the Australian Mutual Provident Society upon the life of the deceased in respect of which the whole of the premiums had been paid by the deceased. These facts bring the case precisely into sec. 8(4)(f) of the Estate Duty Assessment Act 1914-1966 (Cth). Furthermore, the said sum was payable to the widow by virtue of the trust arising from the issue of the policy as created by sec. 94 of the Life Insurance Act 1945 (Cth) without more. Section 8(4)(f) applies, therefore, even if its application be limited to cases where insurance moneys are payable to a person of the description therein, simply by virtue of the policy as issued without regard to subsequent transactions such as assignments.
In these circumstances the said sum was correctly included in the estate of the deceased for duty purposes and the question in the case stated should be answered ``Yes, the whole.''
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.
