APPEAL ALLOWED

New Zealand Times, Volume L, Issue 11649, 13 October 1923, Page 5

APPEAL ALLOWED

' “EXTRAORDINARY CASE” REMARKABLE JUMP IN INCOME TAX ASSESSMENT. £SOOO ADDITIONAL CLAIMED. When the Full Court-, consisting of the Right Hon. the Chief Justice (Sir Robert Stout), Mr Justice Hoskins?, Mr Justice Herdman, Mr Justice SaJinond, and Sir Justice Heed, had heard tho concluding argument yesterday m the appeal of Kenneth Waring Taylor and George Pearce against a tax assessment by tile Commissioner of Taxes, it was announced that tho court had decided to allow the appeal. The Chief Justice intimated that a written judgment would be delivered later. The appellant* were the executors in the estate of the late John Taylor Dalryxnple. a farmer of the Wanganui district, wh-o left considerable property in land when he died in May, 1904. Thev were represented by Mr C. P. Skerrett. KX 1 ., with whom appeared Mr C. G. White. Mr A. Fair, of the Crown Lav/ Gfftoe, appeared on behalf of the Commissioner. The ease had been characterised by Mr Skerrett; on behalf of the trustees, as an ‘‘extraordinary one.' 5 It was stated that for the Tears ended March 31st, 1919, 1920. and 1921, the estate had been assessed for income for £629 8s 7d. £239 7s 3d, and £2ll 6s 6d respectively, which amount® were duly paid After an investigation, however, bv the Commissioner, who submitted that the trustees were liable under another clause of the Land and Income Tax Act, 1916, he assessed the tax at £3055 7s, £1631 15s Bd, and £1455 respectively. The increases in all approximated some £SOOO during the four years under review. Considerable argument ensued between counsel as under which clause of section 99 of the Act the apnellants were liable, at the conclusion -of which the court intimated that the appeal would be allowed.