Stanton v Commissioner of Taxation (Cth) [1955] HCA 56

Stanton v Commissioner of Taxation (Cth) [1955] HCA 56

Payments made to the taxpayer under the agreement for timber were lump sums payable without reference to whether the timber was cut or removed; therefore, they did not possess the character of royalties as required by s 26(f), and should not be included in assessable income.

Jurisdiction
Australia
Procedural Posture
Case Stated/tax Appeal / Judgment on Case Stated Under S.198 of the Income Tax and Social Services Contribution Assessment Act 1936 1953
Outcome
Question stated answered: No. Costs to be costs in the appeal.
Legal Topics
['income Tax' 'definition of Royalty' 'assessable Income']
['taxation Law'] ['income Tax' 'definition of Royalty' 'assessable Income']

Case Brief

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Procedural Posture

Case Stated/tax Appeal / Judgment on Case Stated Under S.198 of the Income Tax and Social Services Contribution Assessment Act 1936 1953

Legal Issues

  1. 1 ["Whether certain payments received under a timber sale agreement constitute 'royalties' for the purposes of assessable income under s 26(f) of the Income Tax and Social Services Contribution Assessment Act 1936-1953"]

Ratio Decidendi

Payments made to the taxpayer under the agreement for timber were lump sums payable without reference to whether the timber was cut or removed; therefore, they did not possess the character of royalties as required by s 26(f), and should not be included in assessable income.

Court Disposition

Question stated answered: No. Costs to be costs in the appeal.

Orders

  • ['Question in the case stated answered: No.' 'Costs to be costs in the appeal.']