COURT OF APPEAL.

New Zealand Herald, Volume XLI, Issue 12697, 27 October 1904, Page 4

COURT OF APPEAL.

:';.': [Br TELEGRAPH .—JPBESS ASSOCIATION'.] WttixraoTOK, Wednesday. j ARGiTjrsyT was continued at the Court of Appeal yesterday in the case of Williams v. the Commissioner of Stamps. The transactions sought to be taxed consisted of gifts of money to "members of the family, whick money was immediately applied to th*; purchase of land from the donor. The Com-' missioner contended that this transaction! was equivalent to conveyances of la,nd by deed of gift; and was, therefore, dutiable. Counsel for appellants (Dr. Findlay) argued that the gift of money was absolute, and the subsequent purchase was distinct, and that there being no actual .deed of gift no tax could be lewd. The second point, was the taxation by the Commissioner of the whole value "of the properties conveyed, though part of the consideration was not paid out of moneys given to members of the family, Counse contended tha* even if the transaction was dutiable to the extent of the gifts of money, it was not so with respect to the remainder of the transaction. Counsel for respondent (Mr. 1 Skerrettji claimed that the transaction was merely a colour- | able sale and "in effect, >as i shown by the evidence," was a deed of gift. As to the second point, the wording of she « Stamp Acts made duty payable on the full value of the property if it was.in part a gift. Judgment was reserved. { ■: ■ . • ;