A TAX AggESSMENT

Evening Post, Volume CVI, Issue 89, 12 October 1923, Page 2

A TAX AggESSMENT

SIONEK'S KETURN. ■

The Court of Appeal commenced yesterday afternoon and continued to-day the hearing of an appeal against an assessment of income \ax by the Commisthe appellants being Kenneth Waring Dalrymple, farmer, of Parewanur, and George Pearce mer chant, of \Vellipgtonf as Secutors of the will of the lafe John T. Dajrymple ihe Chief Justice (S»r Kobert Stout) presided, and associated with him were Mr, Justice Hoslnng, Mr. Justice Herdman Mr j ystlcc Saimond, and Mr. Justice

MrM'r °r Swlrett> X-c -' wi * hw ™ R lln\f ix-™lte > appeared for the appellants and Mr. A. Fair, qf the Crown La.v Office for the Commissioner! liie statement of the case set out that the testator died in May, 190*. and the will was admmistered b/the trustees un! til November, 1913, when an order was made approving o f a certain deed of ar■ranpnent, modifying the trusts of the 1919, 1920, and 1921, the appellants made returns of income and were as£2s9 7s ad, and £811 6 S 6d, respective: XA« ht s« «mQl»n,ts being duly paid. In £259 ,sod, and £211 6s 6d respective, went ,nto the fact* of the case, and. de, cided that income was assessable under section 09 (b) of the land and Income Tax Act 1916, a,nd not under section 99 (a>. Amended assessments were ac* cordingly issued, and notice was (July given to the appellants in March. By these assessments, the amounts of tax payable were increased to £3055 is, £1631 15s Bd, and £1455 respectively. Appellants objected to the amended as. Eessments, contending that the income should be assessed under the provision of section 99 (a) of the Act." Respondent held to the contrary, that the iiir come did not come within the provisions of section (a), inasmuch as th'es \>ener ficianes to whom the same was paid, were not entitled in possession to the receipt thereof during the same year m> der the trust, and must be assessed under £ecfcio 99 (b). At the conclusion of the argument, the Court intimated that it was their opinion that the appeal should be allowed. A decision on yiese lines would be given m writing at a later sta-e