The objector in Anzamco Ltd v Commissioner of Inland Revenue (1983) 6 NZTC 61,522 was a company that had bought and developed a farm and sold it at a significantly higher price. The Commissioner taxed the profits under paragraphs 67(4)(a) and (e) of the Income Tax Act 1976. The court allowed the...

Section 99 of the Income Tax Act 1976 provides that agreements purporting to alter the incidence of tax shall be void against the Commissioner for tax purposes. Tayles & Tayles v Commissioner of Inland Revenue [1982] 2 NZLR 726 involved a complex arrangement of trusts and partnerships. The...

The question in Sanders v Commissioner of Inland Revenue (1982) 5 NZTC 61,380 was whether two gifts, seemingly made in different years, were actually given within twelve months of each other and were thus liable for gift duty. The court applied the rule that a gift is complete when the donor has...

A comment on the case of New Zealand Refining Co. Ltd v Commissioner of Inland Revenue (1982) 5 NZTC 61,176, which focused on the meaning of the word “plant” as used in section 117A of the Land and Income Tax Act 1954. The section had no successor in the Income Tax Act 1976 but the court's...

The applicant in United Fisheries Ltd v. Commissioner of Inland Revenue (1982) 5 NZTC 61,572 paid his full tax as assessed but successfully appealed to the Taxation Review Authority against the decision of the Commissioner to disallow certain export incentives. The Commissioner appealed to the...

In Simpson v. Commissioner of Inland Revenue (1982) 5 NZTC 61,231 the objector was a traffic officer whose employer had changed from a local authority to the Ministry of Transport. Upon the cessation of his contract with the local authority he was given a lump sum gratuity. He then signed a new...

In Sixton v Commissioner of Inland Revenue (1982) 5 NZTC 61,285 the objector's employer awarded him a “points cheque” that could be exchanged for goods or overseas travel but that could not be exchanged for cash. The Commissioner included the value of goods bought with the “points...

Section 67(4)(b) of the Income Tax Act 1976 states that assessable income shall include all profits made from the sale of land where the taxpayer is in the “business of dealing in land”. In Henderson v Commissioner of Inland Revenue (21 October 1982) HC 79/79 the taxpayer objected to being...

This is a case note on Dunnenberger v Commissioner of Inland Revenue High Court New Plymouth, 22 October 1982 (M. 42/79) Bisson J, which was a fairly typical case on the application of the assets accretion method of tax assessment. Where absolute precision cannot be expected, it is enough for...

Section 68 of the Income Tax Act 1976 provides that only 5% of a retirement allowance is assessable as income. In Commissioner of Inland Revenue v. Smythe (1981) 1 NZLR 673 the court decided that lump sum payments given on the occasion of retirement in lieu of long service leave fell under the...