IN THE MATTER OF INCOME TAX ACTS No. 3

25 VLR 554·HOOD, J.
25 VLR 554
25 VLR 554
IN THE MATTER OF INCOME TAX ACTS No. 3 Supreme Court of Victoria HOOD, J. February 13, 22, 23, 26, 1900, 26 March 1900 Income tax — Assessment — Share of deceased partner — Executor — Liability to taxation — Income Tax Act 1895 (No. 1374), ss. 5, 9 (13), 12 — Income Tax Act 1896 (No. 1467), s. 12 (1 (d)) — Publication of income tax decisions .

In June 1894 three persons became partners for a term of five years. By the deed of partnership it was provided that the share of each partner in the profits of the partnership should be carried to his credit each year, subject to certain annual drawings therefrom, and the amount so carried to credit was to bear interest; that the death of any partner should not cause a dissolution of the partnership, but that the survivors should manage the business without any interference from the executors of the deceased partner; and that such executors were to be paid annually all interest credited to the deceased, but were not to draw any further moneys until the expiration of the term. One of the partners died in March 1896, and appointed an executor. By his will he gave the income of his estate to his wife for life, and the corpus in remainder to his children. During the year 1898 the surviving partners credited the estate of the deceased with two separate sums as being respectively the deceased’s share of the profits and the accrued interest thereon. The debts of the testator exceeded his assets.

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